Appendix K 

Cultural Resources 

1. Section 106 Effects and Section 

4(f) De Minimis Determinations 

2. Consulting Party Requests 

3. List of Reports 

4. Draft Section 106 Process 

Programmatic Agreement 
K1. Section 106 Effects and Section 

4(f) De Minimis Determinations 
Knowing the Past—Building the Future 

Fredericksburg, Virginia ● www.dovetailcrg.com ● Wilmington, Delaware

June 30, 2014 

Mr. Marc Holma 

Division of Resource Services and Review 

Virginia Department of Historic Resources 

2801 Kensington Avenue 

Richmond, Virginia 23221 

SUBJECT: Southeast High Speed Rail Project/Access Roads 

 DHR File No.: 2001-1460 

 Richmond, Virginia to North Carolina State Line 

 Funding: Federal and State 

 REVISED SECTION 106 PROJECT EFFECTS RECOMMENDATION 

Dear Mr. Holma: 

The North Carolina Department of Transportation (NCDOT), in conjunction with the Virginia 

Department of Rail and Public Transportation (DRPT), and the Federal Rail Administration 

(FRA) are currently conducting environmental studies for the Southeast High Speed Rail project 

(SEHSR). The SEHSR project involves the development, implementation, and operation of high 

speed passenger rail service in the approximately 500-mile travel corridor from Washington, DC 

through Richmond, Virginia and Raleigh, North Carolina to Charlotte, North Carolina. 

The project involves two general types of work: modifications to the rail corridor to 

accommodate high speed rail and changes to the surrounding road system to eliminate at-grade 

road crossings. The corridor between Richmond and the North Carolina state line has been the 

subject of several cultural resource investigations over the past decade. This includes the Area of 

Potential Effect (APE) surrounding the rail corridor itself as well as all the APE of all road 

modification areas surrounding the rail line. Several alternatives were under consideration during 

the Draft Environmental Review Statement (DEIS) process (VA1, VA2, and VA3; VA4 was also 

under review in some locales as an avoidance alternative). All of these alternatives received 

cultural resource evaluations. The results of these studies have been individually coordinated with 

the Virginia Department of Historic Resources (DHR), including the submission of reports and 

DSS/V-CRIS forms to the agency as well as formal resource eligibility recommendations for 

listing on the National Register of Historic Places (NRHP). 

In November 2009, Dovetail authored a letter detailing the cultural resource studies completed 

within the APE and offering recommendations on project effect for NRHP-eligible architectural 

resources within all project alternatives. No effects recommendations on archaeological sites were 

given at that time, as the Phase II archaeological testing was to be completed once a Preferred 

Alternative was selected. Based on that letter, the DHR concurred with effects recommendations 

on a total of 57 resources based on the assumption that the Preferred Alternative would utilize 
Mr. Marc Holma Page 2 

June 30, 2014 DHR File No. 2001-1460 

avoidance alternatives rather than alternatives that impacted historic resources (Appendix A, p. 

10). A summary of the effects determinations rendered by the DHR in November 2009 is below 

listed by resource number. 

No Effect: Wynnhurst (012-5044), Tourist House (012-5052), Chester #94 Masonic Lodge (020-

5443-0002), Evergreen (026-0023), Courtworth (026-5021), Boisseau’s Store/Warehouse/ 

Dwelling (026-5026/5027), Granite Hall (058-0118), Smelley House (058-5028), Bracey Historic 

District (058-5081), Wright Farmstead (058-5090), Ellerslie (106-0001), Manchester Warehouse 

Historic District (127-0457), Lucky Strike Tobacco Warehouse (127-6179), Bank Building (257-

5004), Honeymoon Hill Farm (257-5008), and Mayton House (257-5009). 

No Adverse Effect: Blick’s Store (012-5042), Oak Shades (012-5048), Sheffields (020-0007), 

House, 3619 Thurston Road (020-0013), Ragland House (020-0140), Port Walthall Junction 

Battlefield (020-5317), Swift Creek Battlefield (020-5318), Proctor’s Creek Battlefield (020-

5320), US Dept of Defense Supply Historic District (020-5336), Richmond & Petersburg Electric 

Railway (020-5351), Pretlow House (020-5443-0008), Dupont Spruance (020-5474), Hatcher’s 

Run Battlefield (026-0132), Boydton Plank Road Battlefield (026-5004), Dinwiddie Courthouse 

Battlefield (026-5005), Lewis Farm Battlefield (026-5006), Peebles Farm Battlefield (026-5007), 

Bowen House (026-5023), Sardis Methodist Church (058-0094), Evans House (058-5079), 

Battersea (123-0059), Weldon Railroad Battlefield (123-5022), Petersburg Battlefield III (123-

5026), North Battersea Historic District (123-5035), James River and Kanawha Canal Historic 

District (127-0171), C&O & Seaboard Railroad Depot (127-0172), Shockoe Slip Historic District 

(127-0219), Davee Gardens Historic District (127-6213), Transmontaigne Product Services (127-

6248), Atlantic Coast Line Railroad (127-6251), and Seaboard Air Line Railroad (127-6271). 

Adverse Effect: Circle Oaks (020-0140), Centralia Post Office (020-0552), Chester Historic 

District (020-5443), Eichelberger House (020-5443-0010), Bridge Over Defense Road (123-

5013), Defense Road (123-5455), Dimmock Line/Earthworks (123-5462), Williams Bridge 

Company (127-6245), and Lacrosse Historic District (250-5001). 

Since November 2009, NCDOT, DRPT, and FRA have identified a Preferred Alternative. As 

such, archaeological testing was completed on all sites within the APE of the Preferred 

Alternative that were deemed to be potentially eligible by the DHR based on the Phase I work. In 

addition, architectural studies were conducted on newly identified resources within the corridor 

that were not part of the November 2009 effects study. All of the results of these investigations 

have been coordinated with the DHR to render a complete list of eligible historic properties 

within the APE of the Preferred Alternative (Appendix A, p. 10). 

This letter thus provides recommendations on project effect for 15 eligible historic properties 

within the APE that were not included in the November 2009 letter. In addition, seven properties 

that did receive an effects recommendation in 2009 require revisiting the previous determination 

due to modifications in the undertaking. As such, this letter coordinates project eligibility on 22 

historic properties. An overall project effect is also revisited. 

Effects will be presented in three categories: Revised Effect Recommendations, which includes 

properties where effects were given in 2009 and we are suggesting a revised determination; 

Newly Recorded Architectural Properties, which include all above-ground historic properties that 

were determined to be eligible since November 2009; and Archaeological Properties, which 

includes all eligible archaeological sites within the APE. The overall project effect will be 

presented at the conclusion of these three sections. 
Mr. Marc Holma Page 3 

June 30, 2014 DHR File No. 2001-1460 

Revised Effect Recommendation 

Seven eligible properties received an effects recommendation in 2009 but require a reevaluation 

based on new project data. The Richmond & Petersburg Electric Railway (020-5351), the 

Atlantic Coast Line Railroad Corridor (127-6251), and Seaboard Air Line Railroad Corridor

(127-6271) are all linear resources that are eligible under Criterion A (Appendix A, p. 10; Figure 

1, p. 20 and Figure 2, p. 21). In 2009, the DHR determined that the project would have no 

adverse effect on these historic properties. Since that time, additional cultural resource studies 

have identified several contributing elements to each of these expansive historic properties. A reevaluation of project design has determined that the undertaking will result in the removal of a 

contributing element to each of these three resources. This includes demolition of the Ettrick 

Depot (020-5242, a contributing element to the Atlantic Coast Line Railroad) and removal of the 

Highway 10 Utility Bridge Abutments (020-5577, a contributing element to both the Atlantic 

Coast Line Railroad and the Richmond & Petersburg Electric Railroad). Plans also call for the 

partial removal and partial burial of the Seaboard Air Line Bridge over Route 1 near Alberta 

(012-5200), a contributing resource to the Seaboard corridor as a whole. The removal of these 

contributing elements to each of the linear historic properties would diminish the characteristics 

that render these resources eligible for the NRHP. As such, it is recommended that the 

undertaking will now have an adverse effect on the Richmond & Petersburg Electric Railway 

(020-5351), the Atlantic Coast Line Railroad Corridor (127-6251), and Seaboard Air Line 

Railroad Corridor (127-6271). 

Similarly, a review of project alternatives and NRHP boundaries since 2009 also requires a 

reevaluation of the project effect on the Tourist Guest House (012-5052) and the Bracey Historic 

District (058-5081) (Appendix A, p. 10). Although several alternatives were examined to avoid 

impacts to the Tourist Guest House, the Preferred Alternative traverses through the rear (north) 

segment of the Tourist Guest House parcel, thus divorcing the northern one-third of the property 

from the main house area to the east (Figure 3, p. 22). The NRHP boundaries were developed 

based on the historic use of the parcel and the vegetative patterns as shown on historic aerials. 

Separating the rear one-third of the lot—once open agricultural fields associated with the 

property—from the residential area diminishes the resource’s integrity of setting, feeling and 

association. It is thus suggested that the undertaking will have an adverse effect on the Tourist 

Guest House. 

In Bracey, a re-evaluation of the NRHP boundaries has resulted in a revised relationship between 

the project corridor and the resource footprint (Figure 4, p. 23). When overlaid, the project 

corridor slightly clips the southwestern 10 feet of the district boundaries, but no contributing 

elements will be altered because of this modification. Since the change will not diminish any of 

the characteristics that render the district eligible for the NRHP, it is recommended that the 

undertaking will have no adverse effect on the Bracey Historic District. 

The remaining two resources that fall under this category have both had resource boundary 

changes, thus requiring a revisit to the 2009 effects determination (Appendix A, p. 10). The Bank 

Building in McKenney (257-5004) was only evaluated at the reconnaissance level prior to the 

2009 effects determination. Once entry into the interior was approved, the resource was surveyed 

at the intensive level and found to be eligible for the NRHP. The property boundaries were 

slightly expanded (Figure 5, p. 24). Despite the slight increase to the resource boundaries, all rail 

and road work in this area will be located over 100 feet to the north of the resource. The new rail 

will be placed within the footprint of the historic rail in this area, thus reinstating a feature in 
Mr. Marc Holma Page 4 

June 30, 2014 DHR File No. 2001-1460 

existence when the bank was built. As such, it is suggested that the project will have no adverse 

effect on this resource. The boundaries of Zehmer Farm (also known as Honeymoon Hill farm, 

257-5008) were increased dramatically in 2011 when the property was placed on the NRHP 

(Figure 6, p. 25). Construction associated with the rail line will be blocked from the viewshed of 

the dwelling by a dense row of vegetation. Similarly, a new road crossing through the eastern 

edge of the parcel allowing access to a town-owned water facility will also not be visible from the 

main house complex due to a dense copse of trees. The characteristics that render this resource 

eligible for the NRHP will not be diminished. It is recommended that the project will have no 

adverse effect on this resource. 

In sum, of the seven properties that fall under this category, it is recommended that the project 

will have an adverse effect on Richmond & Petersburg Electric Railway (020-5351), the Atlantic 

Coast Line Railroad Corridor (127-6251), the Seaboard Air Line Railroad Corridor (127-6271), 

and the Tourist Guest House (012-5052). It is suggested that the project will have no adverse 

effect on the Bracey Historic District (058-5081), the Bank Building in McKenney (257-5004), 

and Zehmer Farm/Honeymoon Hill Farm (257-5008). 

Newly Recorded Architectural Properties 

There are nine above-ground historic properties that were recorded between 2009 and 2014 

within the project corridor and thus have not received an effects determination. These resources 

will be presented here in a north to south order. 

The Centralia Earthworks (020-0022/44CF0680) are located north of Centralia Road (Appendix 

A, p. 10; Figure 7, p. 26). They were recorded in 2012 as a result of studies associated with 

possible modifications to the intersection of Centralia Road and Hopkins Road. The earthworks 

are eligible under Criteria A and C and potentially eligible under Criterion D pending 

archaeological testing. Modifications in this area include widening the existing shoulder of 

Hopkins Road by approximately 4 feet to the east. Although this does bring the road bed closer to 

the extant earthworks, this entire area has been notably disturbed during previous road 

construction. The closest intact section of earthworks to the road improvement area is 25 feet 

away. Evidence of ground disturbance was readily visible on the surface during the pedestrian 

and intensive studies of this resource. Because the slight road widening will not impact any intact 

above- or below-ground portions of this resource, it is recommended that the project will have no 

adverse effect on this resource. 

The Appomattox River Bridge (020-5579/127-6251-0001) was built to carry the Ettrick spur of 

the Atlantic Coast Line railroad over the Appomattox River just west of downtown Petersburg 

(Appendix A, p. 10; Figure 8, p. 27). The project proposes to add a second bridge adjacent to this 

structure to accommodate increased capacity. No changes are proposed for the historic bridge 

itself. The new bridge will be located about 10 feet east of the existing bridge. Since the historic 

bridge will not be altered during the construction project, it is suggested that the undertaking will 

have no adverse effect on this resource. However, it is also noted that the new bridge will be built 

between the historic bridge on the west and the viewshed of several Petersburg-area historic 

districts on the east, most notably the North Battersea/Pride’s Field Historic District (123-5035). 

The bridge is also a contributing element to the Atlantic Coast Line rail corridor (127-6251). 

Parameters of this new bridge will be presented to the DHR during the final design process to 

minimize all impacts to both the historic bridge and the nearby historic districts. 
Mr. Marc Holma Page 5 

June 30, 2014 DHR File No. 2001-1460 

Running in a north-south direction, the Fort Davis Earthworks (026-5012/44CF0314) comprise a 

3.25-mile long segment of Civil War earthworks created in 1864 by Union troops during the siege 

of Petersburg (Appendix A, p. 10; Figure 9, p. 28). When the Seaboard Air Line rail corridor was 

built in 1900, the rail construction cut through the center of the earthworks, thus removing over 

200 feet of the above-ground structure and disturbing all subsurface deposits within the rail 

swath. The new rail project will be installed within the existing disturbed footprint of the historic 

rail line. No construction will extend outside of the 200-foot wide break created in the earthwork 

system in 1900. Given this, it is suggested that the current project will have no adverse effect on 

the Fort Davis Earthworks provided that all construction activity remains within the previously 

disturbed corridor. 

The Old C&P Building (257-5010) is located northwest of downtown McKenney on the north 

side of Sunnyside Road at its intersection with Community Street (see Figure 5, p. 24; Appendix 

A, p. 10). Road modifications are planned in downtown McKenney to accommodate the removal 

of the at-grade crossing. This includes changes to Community Street. However all alternations 

will occur on the south side of Sunnyside Road and will mainly comprise minor widening to 

accommodate additional turn lanes. As the undertaking will not alter or diminish any of the 

characteristics that render this property eligible for the NRHP, it is recommended that the project 

will have no adverse effect on this resource. 

The House at 458 Second Avenue in Alberta (012-5013) is located southeast of the proposed rail 

corridor (Appendix A, p. 10; Figure 10, p. 29). Rail came through Alberta in 1900, and the 

downtown grew around the rail tracks. This includes the House at 458 Second Avenue, which 

was constructed in 1924. The current project includes installation of the rail tracks on the old rail 

bed, thus reinstating a visual element in existence when the house was built and lasting until the 

mid-1980s. Moreover, the resource is eligible under Criterion C for its architectural merit, and no 

character-defining features of the building will be altered during the construction. It is therefore 

suggested that the project will have no adverse effect on this resource. 

Located just north of the Tourist Guest House, the Orgain House (012-5052) was identified 

during alternative evaluations to avoid nearby cultural and natural resources (see Figure 3, p. 22; 

Appendix A, p. 10). The Preferred Alternative includes a new rail alignment running southeast of 

the boundaries of this resource and associated road changes along Old Indian Road. A dense 

copse of trees is located east of the main house and core of the archaeological site, thus blocking 

the viewshed of the resources from the construction footprint. Because the undertaking will not 

alter or diminish the property’s significance or integrity, it is recommended that the project will 

have no adverse effect on this property. 

The La Crosse Hotel (250-5001-0003/44MC0888) includes both the main hotel building and the 

surrounding archaeological site (Appendix A, p. 10; Figure 11, p. 30). Located in downtown La 

Crosse, the hotel was recorded as a historic property and placed on the NRHP in 2011. The 

surrounding archaeological site was defined in 2013, with the site boundaries mirroring the 

architectural boundaries. The complex was placed under DHR easement in 2012. Although the 

project will involve the construction of a new rail line and modifications to area roadways, the 

rail will be built on the historic rail bed to the west of the hotel. The building was constructed in 

this locale specifically to cater to rail traffic, thus rebuilding the rail in this area will reinstall a 

key visual element to the resource’s setting, feeling and association. No planned road 

modifications will occur within the NRHP-eligible boundaries. Based on this, it is suggested that 

the project will have no adverse effect on the La Crosse Hotel property. 
Mr. Marc Holma Page 6 

June 30, 2014 DHR File No. 2001-1460 

The Bracey Depot (058-5001-0001) and the Bracey Store (058-5001-0002) are both located in the 

Bracey Historic District (058-5001) (see Figure 4, p. 23; Appendix A, p. 10). Like La Crosse and 

Alberta, Bracey was founded due to the installation of the Seaboard Air Line rail corridor in 

1900. The depot and store, specifically, catered to rail passengers and local patrons of the rail 

facility. Reconstruction of the rail in the original corridor will return a notable historic element to 

the community. Moreover, both resources are located over 100 feet east of the rail corridor and 

will not be physically impacted by the construction. It is recommended that the undertaking will 

have no adverse effect on either of these resources. 

In sum, it is recommended that the project will have no adverse effect on any architectural 

properties in the project APE recorded between 2009 and 2014, including the Centralia 

Earthworks (020-0022/44CF0680), the Appomattox River Bridge (020-5579/127-6251-0001), the 

Fort Davis Earthworks (026-5012/44DW0314), the Old C&P Building (257-5010), the House at 

458 Second Avenue (012-5013), the Orgain House (012-5076/44BR0280), the La Crosse Hotel 

(250-5001-0003/44MC0888), the Bracey Depot (058-5001-0001) and the Bracey Store (058-

5001-0002). 

Archaeological Properties 

Although several of the resources listed above have an archaeological component, their primary 

resource comprises an above-ground historic property. In addition to these resources, there are six 

archaeological sites along the Preferred Alternative that have been found to be eligible for the 

NRHP chiefly for the information they contact within the subsurface deposits. None of these six 

sites were included in the 2009 effects documentation. As with the newly recorded architectural 

properties, these sites are presented in a north to south order. 

Located in the center of Chester, the Chester Hotel Site (44CF0304) is west of the railroad tracks 

and north of Curtis Street (Appendix A, p. 10; Figure 12, p. 31). The hotel was specifically built 

in this location to cater to rail passengers. Later patrons utilized a series of cottages once located 

along Curtis Street. Archaeological testing found intact soils and foundation remains across the 

site. Although the rail modifications will not impact the physical fabric of the site, changes to 

Curtis Street require subsurface disturbances within the southeastern one-quarter of the site, 

namely within the area that once contained the early-twentieth century hotel cottages. These 

impacts have the potential to destroy data-bearing soils. As such, it is suggested that the project 

will have an adverse effect on this site. 

The Swanee Site (44CF0748), on the south side of Woods Edge Road, was identified during the 

2010 archaeological Phase I survey of road modifications for the project (Appendix A, p. 10; 

Figure 13, p. 32). It was found to be potentially eligible for the NRHP. Upon commencing the 

Phase II-level testing, the property owner required that the investigations stop immediately. As 

such, the eligibility of this site has not been formally determined. For the purposes of the current 

undertaking, the FRA has assumed that the resource is eligible for the NRHP. Road construction 

plans include widening Woods Edge Road and reconfiguring its intersection with Old Happy Hill 

Road to the west of the site. This action will require disturbances to the subsurface matrix within 

the northwestern portion of the site. Because data-bearing strata that contribute to the site’s 

eligibility will be disturbed, it is recommended that the project will have an adverse effect on this 

resource. 
Mr. Marc Holma Page 7 

June 30, 2014 DHR File No. 2001-1460 

Three sites are clustered along the rail line on the north and south sides of Swift Creek (Appendix 

A, p. 10; Figure 14, p. 33). Site 44CF0707 is a prehistoric campsite located north of the City of 

Colonial Heights and east of the extant rail corridor. This large Middle Woodland Period site 

covers 12.6 acres and comprises intact soils with the presence of Native American pottery. Rail 

modifications in this area include widening the rail corridor to the east, thus overlapping the 

western boundary of the site. Rail work will include soil disturbances and the creation of a third 

rail on a portion of the site. Since the undertaking will destroy artifact-bearing deposits at the site 

and diminish its potential to reveal data on area prehistory, it is suggested that the undertaking 

will have an adverse effect on this resource. 

Just south of 44CF0707 is the Arrowfield Plantation site (44CF0708), an early-nineteenth 

through mid-twentieth century farmstead with a prehistoric component dating to the Middle 

Woodland and Late Archaic Periods. The 16.8-acre site includes several foundations and intact 

soils throughout. The rail modifications mentioned above related to 44CF0707 will also impact 

the western boundary of Arrowfield, most notably in the southwestern corner of the site. 

Although the impact area is smaller, the construction will still remove intact archaeological 

deposits that contribute to the overall eligibility of the site. As such, it is recommended that the 

project will have an adverse effect on this site. 

The third site clustered along the rail line in Chesterfield is 44CF0710. This is another 

multicomponent site with an indeterminate prehistoric affiliation and a mid to late-nineteenth 

century association. However, this site is much smaller than the two previously listed sites, as it is 

just 0.9 acres in size. Changes to the rail in this area would also destroy artifact-bearing strata at 

site 44CF0710. Because the site is located just south of Swift Creek, construction of the 

associated structure to traverse the waterway has resulted in a wider rail corridor footprint. As 

such, the rail widening will impact the western half of this site, destroying intact soils and 

removing the data potential. Given this, it is suggested that that the undertaking will have an 

adverse effect on the site. 

The Davis site (44BR0225) is located on the east side of Forksville Road and south of the 

Meherrin River in Brunswick County (Appendix A, p. 10; Figure 15, p. 34). This latenineteenth/early-twentieth century site contains the remains of the Davis tenant house and 

associated landscaping. Changes to the rail in this area require alterations to Forksville Road to 

remove the at-grade crossing located north of the site. The path of the new road alignment cuts 

straight through the center of the 0.6-acre site. Because the road work will necessitate the 

disturbances to intact soils throughout the site, it is suggested that the undertaking will have an 

adverse effect on this resource. 

To summarize, based on the selection of the Preferred Alternative, it is suggested that the 

undertaking will have an adverse effect on all six archaeological sites within the APE: the Chester 

Hotel Site (44CF0304), the Swanee Site (44CF0748), site 44CF0707, Arrowfield Plantation (site 

44CF0708), site 44CF0710, and the Davis site (44BR0225). 

Overall Project Effect 

In addition to evaluating the effect on individual historic properties Dovetail also assessed the 

overall project’s potential to have an adverse effect on cultural resources. When the data 

presented herein is combined with the effect determinations rendered in 2009, it is recommended 

that the project will have no effect on 15 historic properties and no adverse effect on 40 historic 
Mr. Marc Holma Page 8 

June 30, 2014 DHR File No. 2001-1460 

properties in the project APE, it is suggested that the undertaking will have an adverse effect on 

19 properties. As such, it is also recommended that the overall project will have an adverse effect 

on historic properties. 

We invite DHR to concur with our recommendations by completing the signature block below 

and returning it to my attention within 30 days of receipt. Please feel free to contact me or Mike 

Carmody at (540) 899-9170 with any questions you might have. Thank you for your assistance. 

Respectfully submitted, 

Kerri S. Barile, Ph.D. 

President 

cc: Ms. Emily Stock, DRPT 

Mr. Craig Young, Three Oaks Engineering 

 Mr. Marc Hamel, NCDOT 

Mr. Ken Mobley, Michael Baker International 

Mr. Marc Holma 

June 30, 2014 DHR 

Appendix A: Eligible Resources Within the SEHSR APE (Properties Discussed in this Effect Letter are Sha

Properties with an adverse effect have a thumbnail image for reference. 

ELIGIBLE RESOURCE INFO NRHP EFFECT ON 

PREFERRED N/S COMMENTS 

Order Resource # Name CRITERIA 

1 127-6271 Seaboard Line Railroad Corridor A Adverse Demolishing/Burying Rt 1 Bridge at Alberta, a contributing element 2 

127-0172/ 

127-0344-

0117 

C. & O. & Seaboard Railroad Depot A&C No Adverse 

3 127-0344 Shockoe Valley & Tobacco Row Historic District A&C No Adverse 4 127-0219 Shockoe Slip Historic District A&C No Adverse 5 127-0171 James River and Kanawha Canal Historic District A&C No Adverse 6 127-6251 Atlantic Coast Line Railroad Corridor A Adverse 

Demolishing Hwy 10 Utility Bridge anRichmond & Petersburg Electric RailwBridge, both contributing 

7 127-0457 Manchester Warehouse Historic District A&C No Effect 
Mr. Marc Holma 

June 30, 2014 DHR 

ELIGIBLE RESOURCE INFO NRHP EFFECT ON 

PREFERRED N/S COMMENTS 

Order Resource # Name CRITERIA 

8 127-6245/ 44CF0724 Williams Bridge Company A,C,D Adverse New roadways and overpasses; Impact

historic design and archaeological depo

9 127-6179 Lucky Strike/RJ Reynolds Tobacco A&C No Effect 

10 127-6248 Transmontaigne Product Serves, Inc. A No Adverse 

Need to maintain existing retaining waand footprint of building in SE corner oproperty 

11 127-6213 Davee Gardens Historic District A&C No Adverse 12 020-5474 Dupont Spruance A No Adverse 13 020-0063 Falling Creek Ironwork D No Effect 14 020-0007 

Sheffields; Auburn Chase; Bellwood; Building 42 - DSCR Officer's Club; New Oxford 

B&C No Adverse 

15 020-5336 

US Department of Defense Supply Center Historic District; BellwoodRichmond Quartermaster Depot Historic District 

A,B,C&D No Adverse 

16 020-5351 Richmond & Petersburg Electric Railway A Adverse Bridge at Hwy 10 to be demolished, a contributing element 17 020-5320 Proctor's Creek Battlefield A No Adverse 18 020-0013 House, 3619 Thurston Road C No Adverse 
Mr. Marc Holma 

June 30, 2014 DHR 

ELIGIBLE RESOURCE INFO NRHP EFFECT ON 

PREFERRED N/S COMMENTS 

Order Resource # Name CRITERIA 

19 020-0552 Centralia Post Office A Adverse 

New roadway requiring massing eartheberm placed in front of building and altering original road access 

20 020-0432 Ragland House/4626 Centralia Rd C No Adverse 21 020-0140 Circle Oaks/4510 Centralia Road C Adverse 

New roadway requiring massing eartheberm placed in front of building and altering original road access 

22 020-0022/ 44CF0680 Centralia Earthworks A,C&D No Adverse 23 020-5443 Chester Historic District A&C Adverse New roadway pattern and widening of existing corridors 24 

020-5443-

0002/ 

020-5098 

Chester #94 Masonic Lodge A No Effect 

25 

020-5443-

0008/ 

020-5102 

Pretlow House B No Adverse 

Need to make all reasonable efforts durconstruction to avoid impacts to the existing stone wall and adjacent vegeta
Mr. Marc Holma 

June 30, 2014 DHR 

ELIGIBLE RESOURCE INFO NRHP EFFECT ON 

PREFERRED N/S COMMENTS 

Order Resource # Name CRITERIA 

26 

020-5443-

0010/ 020-

5093 

Eichelberger House C Adverse 

Removing historic gate and landscapinfeatures, contributing elements to the property 

27 44CF0304 Chester Hotel Site A&D Adverse New road going through portion of site 28 020-5317 Port Walthall Junction Battlefield A No Adverse 29 44CF0748 Swanee Site D Adverse Owner removed archaeologists from si

during Phase II; FRA assumes eligibilit

30 020-5318 Swift Creek Battlefield A No Adverse 31 44CF0707 none D Adverse New road and road alignments impactin

site 
Mr. Marc Holma 

June 30, 2014 DHR 

ELIGIBLE RESOURCE INFO NRHP EFFECT ON 

PREFERRED N/S COMMENTS 

Order Resource # Name CRITERIA 

32 44CF0708 Arrowfield Plantation A&D Adverse New road and road alignments impactin

site 

33 44CF0710 none D Adverse New road and road alignments impactin

site 

34 106-0001 Ellerslie A No Effect 35 

020-5579/ 

127-6251-

0001 

Appomattox River Bridge C No Adverse Specifics on design to be submitted to DHR upon completion 

36 123-0059 Battersea ABCD No Adverse 37 123-5035 North Battersea/Pride’s Field Historic District C No Adverse 

Will coordinate with the City of Petersburg during final design to identimeasures to minimize impacts to this resource. 

38 123-5026 1) Petersburg Battlefield III 2) The Breakthrough A No Adverse 
Mr. Marc Holma 

June 30, 2014 DHR 

ELIGIBLE RESOURCE INFO NRHP EFFECT ON 

PREFERRED N/S COMMENTS 

Order Resource # Name CRITERIA 

39 123-5455 Defense Road A&C Adverse Altering historic roadbed and associate

bridge 

40 123-5013 Bridge over Defense Road A&C Adverse Altering historic roadbed and associate

bridge 

41 44DW0373 Dimmock Line/Earthworks ABCD Adverse 

Removing a segment of earthworks, thuimpacting above- and below-ground resources 

42 123-5022 1) Weldon Railroad Battlefield 2) Globe Tavern B* A No Adverse 

At the request of the NPS Petersburg National Battlefield, will plant trees on fill slopes for the proposed bridge to minimize the visual intrusion on the landscape; Will also coordinate with thDHR regarding the engineering and vegetation plans for this area before construction 
Mr. Marc Holma 

June 30, 2014 DHR 

ELIGIBLE RESOURCE INFO NRHP EFFECT ON 

PREFERRED N/S COMMENTS 

Order Resource # Name CRITERIA 

43 44DW0314/ 026-5012 Fort Davis Earthworks A,C&D No Adverse Part within project footprint destroyed during SAL construction. 44 026-5007 Peebles Farm Battlefield A No Adverse 45 026-5004 Boydton Plank Road Battlefield A No Adverse 46 026-0132 Hatcher's Run Battlefield A No Adverse 47 026-5006 Lewis Farm Battlefield A No Adverse 48 026-0023 Evergreen C No Effect 49 026-5005 Dinwiddie Courthouse Battlefield A No Adverse 50 026-5021 Courtworth C No Effect 51 026-5023 Bowen House C No Adverse 52 026-5026, 5027 W. Boisseau's Store, Warehouse, Dwelling A&C No Effect 53 257-5004 Bank Building A No Adverse 54 257-5010 Old C&P Building A&C No Adverse 55 257-5008 Honeymoon Hill Farm/Zehmer Farm C No Adverse 56 257-5009 Mayton House C No Effect 57 012-5044 Wynnhurst C No Effect 

 The property is no longer within the Adue to modifications to the project desisince 2009 

58 012-5042 Blick's Store C No Adverse 59 012-5013 House, 458 Second Ave C No Adverse 60 012-5076/ 44BR0280 Orgain House A,C&D No Adverse 
Mr. Marc Holma 

June 30, 2014 DHR 

ELIGIBLE RESOURCE INFO NRHP EFFECT ON 

PREFERRED N/S COMMENTS 

Order Resource # Name CRITERIA 

61 012-5052 Tourist House C Adverse 

Rail going through rear portion of property, thus bisecting historic boundaries 

62 012-5048/ 44BR0179 Oak Shades C No Effect 63 44BR0179/ 012-5048 Oak Shades house site D No Effect 64 44BR0225 Davis Site A&D Adverse New road alignment impacting site 65 058-5079/ 44MC0706 Evans House C No Adverse 66 058-5028 Smelley House C No Effect 67 058-5090/ 44MC0707 Wright Farmstead A,C&D No Effect 68 250-5001 La Crosse Historic District A&C Adverse 

Alternations to original town road alignment and demolition of contributinbuildings 
Mr. Marc Holma 

June 30, 2014 DHR 

ELIGIBLE RESOURCE INFO NRHP EFFECT ON 

PREFERRED N/S COMMENTS 

Order Resource # Name CRITERIA 

69 

250-5001-

0003/ 

44MC0888 

La Crosse Hotel A,C&D No Adverse This property has a DHR easement 

70 058-0094 Sardis Methodist Church C No Adverse 71 058-5081 Bracey Historic District A&C No Adverse Slight modification to plans from DEIS 72 058-5001- 0001 Bracey Depot A&C No Adverse 73 058-5001- 0002 Bracey Store A&C No Adverse 74 058-0118 Granite Hall/Fitts House C No Effect 
Mr. Marc Holma Page 19 

June 30, 2014 DHR File No. 2001-1460 

Appendix B: Resource Location Maps. 
Mr. Marc Holma Page 20 

June 30, 2014 DHR File No. 2001-1460 

Figure 1: Atlantic Coast Line Rail Corridor (127-6251) and Seaboard Air Line Rail Corridor (127-6271). 
Mr. Marc Holma Page 21 

June 30, 2014 DHR File No. 2001-1460 

Figure 2: Richmond & Petersburg Electric Railway (020-5351). 
Mr. Marc Holma Page 22 

June 30, 2014 DHR File No. 2001-1460 

Figure 3: Tourist Guest House (012-5052) and Orgain House (012-5076/44BR0280). 
Mr. Marc Holma Page 23 

June 30, 2014 DHR File No. 2001-1460 

Figure 4: Bracey Historic District (058-5081), Bracey Depot (058-5001-0001) and Bracey Store (058-5001-002). 
Mr. Marc Holma Page 24 

June 30, 2014 DHR File No. 2001-1460 

Figure 5: Bank Building (257-5004) and Old C&P Building (257-5010) in McKenney. 
Mr. Marc Holma Page 25 

June 30, 2014 DHR File No. 2001-1460 

Figure 6: Honeymoon Hill Farm/Zehmer Farm (257-5008). 
Mr. Marc Holma Page 26 

June 30, 2014 DHR File No. 2001-1460 

Figure 7: Centralia Earthworks (020-0022/44CF0680). 
Mr. Marc Holma Page 27 

June 30, 2014 DHR File No. 2001-1460 

Figure 8: Appomattox River Bridge (020-5579/127-6251-0001). 
Mr. Marc Holma Page 28 

June 30, 2014 DHR File No. 2001-1460 

Figure 9: Fort Davis Earthworks (026-5012/44DW0314). 
Mr. Marc Holma Page 29 

June 30, 2014 DHR File No. 2001-1460 

Figure 10: House at 458 Second Avenue (012-5013) in Alberta. 
Mr. Marc Holma Page 30 

June 30, 2014 DHR File No. 2001-1460 

Figure 11: La Crosse Hotel (250-5001-0003/44MC0888) in La Crosse. 
Mr. Marc Holma Page 31 

June 30, 2014 DHR File No. 2001-1460 

Figure 12: Chester Hotel Site (44CF0304) in Chester. 
Mr. Marc Holma Page 32 

June 30, 2014 DHR File No. 2001-1460 

Figure 13: Swanee Site (44CF0748). 
Mr. Marc Holma Page 33 

June 30, 2014 DHR File No. 2001-1460 

Figure 14: Site 44CF0707, Arrowfield Plantation (44CF0708) and Site 44CF0710. 
Mr. Marc Holma Page 34 

June 30, 2014 DHR File No. 2001-1460 

Figure 15: Davis Site (44BR0225).
Knowing the Past—Building the Future 

Fredericksburg, Virginia ● www.dovetailcrg.com ● Wilmington, Delaware

February 23, 2015 

Mr. Marc Holma 

Division of Resource Services and Review 

Virginia Department of Historic Resources 

2801 Kensington Avenue 

Richmond, Virginia 23221 

SUBJECT: Southeast High Speed Rail Project/Access Roads 

 DHR File No.: 2001-1460 

 Richmond, Virginia to North Carolina State Line 

 Funding: Federal and State 

REVISED SECTION 106 PROJECT EFFECTS RECOMMENDATION/ 

MANCHESTER HISTORIC DISTRICT (127-0457) 

Dear Mr. Holma: 

The North Carolina Department of Transportation (NCDOT), in conjunction with the 

Virginia Department of Rail and Public Transportation (DRPT), and the Federal Rail 

Administration (FRA) are currently conducting environmental studies for the Southeast 

High Speed Rail project (SEHSR). The SEHSR project involves the development, 

implementation, and operation of high speed passenger rail service in the approximately 

500-mile travel corridor from Washington, DC through Richmond, Virginia and Raleigh, 

North Carolina to Charlotte, North Carolina. 

The project involves two general types of work: modifications to the rail corridor to 

accommodate high speed rail and changes to the surrounding road system to eliminate atgrade road crossings. The corridor between Richmond and the North Carolina state line 

has been the subject of several cultural resource investigations over the past decade. This 

includes the Area of Potential Effects (APE) surrounding the rail corridor itself as well as 

all the APE of all road modification areas surrounding the rail line. Several alternatives 

were under consideration during the Environmental Impact Statement (EIS) process 

(VA1, VA2, and VA3; VA4 was also under review in some locales as an avoidance 

alternative). All of these alternatives received cultural resource evaluations. The results of 

these studies have been individually coordinated with the Virginia Department of 

Historic Resources (DHR), including the submission of reports and DSS/V-CRIS forms 

to the agency as well as formal resource eligibility recommendations for listing on the 

National Register of Historic Places (NRHP). 
Mr. Marc Holma Page 2 

February 23, 2015 DHR File No. 2001-1460 

An initial project effect determination was received in November 2009. Since that time, 

NCDOT, DRPT, and FRA have identified a Preferred Alternative. A revised effect 

determination was acquired in July 2014 based on the preferred alternative and an 

evaluation of the historic properties in the revised project APE. On July 29, 2014, the 

DHR determined that the project would have an Adverse Effect on historic properties. 

SEHSR and the Manchester Historic District (127-0457) 

The Manchester Historic District (127-0457) is located just south of downtown 

Richmond on the south banks of the James River. What was once an independent 

community, Manchester became part of the City of Richmond in 1910. The district was 

put on the NRHP in 2000, and the boundary was increased in 2004. The SEHSR project 

runs along the extant rail system in this area, which includes traversing the James River 

to run south of Richmond. When project effects were initially discussed with the DHR in 

2009, the project APE was located east of the historic district boundaries (Figure 1). 

Although the rail corridor was in the indirect APE for the historic district, it was 

determined that the project would have No Adverse Effect on the district as no characterdefining features would be altered. 

In 2011, a boundary increase was recommended for the Manchester Historic District—

expanding the district to the east and encompassing industrial resources that were 

constructed between 1930 and 1959 (Figure 2). Upon review of the recommendation in 

2012, the Keeper of the NRHP concurred with the boundary increase thus expanding the 

district into the APE for the SEHSR project. 

Based on this data, the SEHSR team revisited the project designs in this area to avoid 

impacts to the historic district. By re-routing Maury Street and creating an exit loop 

through the nearby tank farm, the new design avoids touching the Manchester Historic 

District boundaries and will not alter any of the contributing elements to the district 

(Figure 3). The re-routing brings the modern highway exit ramp further away from the 

district, thus retaining the characteristics that render this resource eligible for the NRHP. 

Due to this redesign, it is recommended that the project will continue to have No Adverse 

Effect on the Manchester Historic District. 

Overall Project Effect 

In addition to evaluating the effect on the Manchester Historic District, Dovetail also 

assessed the overall project’s potential to have an adverse effect on cultural resources. 

When the 2009 and 2014 data on effects is merged, the DHR has determined that the 

project will have no effect on 15 historic properties and no adverse effect on 40 historic 

properties in the project APE. They further determined that the project will have an 

adverse effect on 19 properties. Given this, it was determined that the overall project will 

have an adverse effect on historic properties. It is suggested that this determination 

remains valid based on the re-evaluation of the Manchester Historic District presented 

herein.
Mr. Marc Holma Page 3 

February 23, 2015 DHR File No. 2001-1460 

We invite DHR to concur with our recommendations by completing the signature block 

below and returning it to my attention within 30 days of receipt. Please feel free to 

contact me or Mike Carmody at (540) 899-9170 with any questions you might have. 

Thank you for your assistance. 

Respectfully submitted, 

Kerri S. Barile, Ph.D. 

President 

cc: Ms. Emily Stock, DRPT 

Mr. Craig Young, Three Oaks Engineering 

 Mr. Marc Hamel, NCDOT 

Mr. Ken Mobley, Michael Baker International 

Mr. Marc Holma Page 5 

February 23, 2015 DHR File No. 2001-1460 

Figure 1: Original 2009 Engineering Plans and the Manchester Historic District 

(shaded in yellow).
Mr. Marc Holma Page 6 

February 23, 2015 DHR File No. 2001-1460 

Figure 2: Comparison of 2009 Manchester Historic District Boundaries (in green) and 

2012 Expanded Boundaries (in pink). 
Mr. Marc Holma 

February 23, 2015 DHR File 

Figure 3: Revised Engineering Plans in Relation to the Expanded Manchester Historic District Boundaries (in lig
Knowing the Past—Building the Future

Fredericksburg, Virginia ● www.dovetailcrg.com ● Wilmington, Delaware

July 2, 2014

Mr. Marc Holma

Division of Resource Services and Review

Virginia Department of Historic Resources

2801 Kensington Avenue

Richmond, Virginia 23221

SUBJECT: Southeast High Speed Rail Project/Access Roads 

DHR File No.: 2001-1460

Richmond, Virginia to North Carolina State Line

Funding: Federal and State

SECTION 4(f) DE MINIMIS DETERMINATIONS

Dear Mr. Holma:

The North Carolina Department of Transportation (NCDOT), in conjunction with the Virginia 

Department of Rail and Public Transportation (DRPT), and the Federal Rail Administration 

(FRA) are currently conducting environmental studies for the Southeast High Speed Rail project 

(SEHSR). The SEHSR project involves the development, implementation, and operation of high 

speed passenger rail service in the approximately 500-mile travel corridor from Washington, DC 

through Richmond, Virginia and Raleigh, North Carolina to Charlotte, North Carolina. 

The project involves two general types of work: modifications to the rail corridor to 

accommodate high speed rail and changes to the surrounding road system to eliminate at-grade 

road crossings. The corridor between Richmond and the North Carolina state line has been the 

subject of several cultural resource investigations over the past decade. This includes the Area of 

Potential Effect (APE) surrounding the rail corridor itself as well as all the APE of all road 

modification areas surrounding the rail line. Several alternatives were under consideration during 

the Draft Environmental Review Statement (DEIS) process (VA1, VA2, and VA3; VA4 was also 

under review in some locales as an avoidance alternative). All of these alternatives received 

cultural resource evaluations. The results of these studies have been individually coordinated with 

the Virginia Department of Historic Resources (DHR), including the submission of reports and 

DSS/V-CRIS forms to the agency as well as formal resource eligibility recommendations for 

listing on the National Register of Historic Places (NRHP). A project effect recommendation is 

currently under review by the DHR to comply with Section 106 of the National Historic 

Preservation Act of 1966 (NHPA).

In addition to complying with the NHPA, the project must also comply with Section 4(f) of the 

Department of Transportation Act of 1966. As you know, Section 4(f) stipulates that the FHWA 

and other transportation agencies cannot approve the use of land from publicly owned parks, 

recreational areas, wildlife and waterfowl refuges, or public and private historical sites unless 
Mr. Marc Holma Page 2

July 2, 2014 DHR File No. 2001-1460

there is no feasible and prudent alternative to the use of land and the action includes all possible 

planning to minimize harm to the property resulting from use. With the SEHSR project, 

determinations of Section 4(f) use primarily follow Section 106 determinations on effect. 

However, there are a limited number of resources where a Section 4(f) use is present although it 

has been determined through the 106 process that the project will have No Adverse Effect on the 

resource. This is primarily in locations where a small sliver of land may be used during the 

project but the magnitude of this alteration does not diminish the characteristics that render the 

resource eligible for the NRHP. As such, the undertaking has No Adverse Effect on the resource 

but Section 4(f) use must be examined. 

The FRA has examined the DEIS and 4(f) de minimis recommendations and has determined de 

minimis impacts for the following resources under Section 4(f) of the US Department of 

Transportation Act of 1966: Manchester Warehouse Historic District (127-0457), 

Transmontaigne Product Services (127-6248), Davee Gardens Historic District (127-6213), 

Dupont Spruance (020-5474), the House at 3619 Thurston Road (020-0013), Proctor’s Creek 

Battlefield (020-5320), Centralia Earthworks (020-0022/44CF0680), Pretlow House (020-5443-

0008), Port Walthall Junction Battlefield (020-5317), Swift Creek Battlefield (020-5318), 

Battersea (123-0059), North Battersea Historic District (123-5035), Petersburg Battlefield III 

(123-5026), Weldon Railroad Battlefield (123-5022), Fort Davis Earthworks (026-

5012/44DW0314), Peebles Farm Battlefield (026-5007), Boydton Plank Road Battlefield (026-

5004), Hatcher’s Run Battlefield (026-0132), Lewis Farm Battlefield (026-5006), Zehmer 

Farm/Honeymoon Hill (257-5008), Blick’s Store (012-5042), and La Crosse Hotel (250-5001-

0003/44MC0888). We are requesting concurrence from the DHR on the FRA’s determinations 

(Appendix A, p. 4).

We invite DHR to concur with the FRA’s determinations by completing the signature block 

below and returning it to my attention within 30 days of receipt. Please feel free to contact me or 

Mike Carmody at (540) 899-9170 with any questions you might have. Thank you for your 

assistance.

Respectfully submitted,

Kerri S. Barile, Ph.D.

President

cc: Ms. Emily Stock, DRPT

Mr. Craig Young, Three Oaks Engineering

Mr. Marc Hamel, NCDOT

Mr. Ken Mobley, Michael Baker International

Mr. Marc Holma Page 4

July 2, 2014 DHR File No. 2001-1460

Appendix A: Section 4(f) Determinations for NRHP-Eligible Architectural Resources (listed north to south). 

Properties that have received a de minimis determination from the FRA are in peach.

Resource Name

VA1 Section 

106 Effect/ 

Section 4(f) 

Use

VA2 Section 

106 Effect/ 

Section 4(f) Use

VA3 Section 

106 Effect/ 

Section 4(f) Use

VA4 Section 

106 Effect/

Section 4(f) 

Use

Preferred Alternative

Section 106 Effect/ Section 

4(f) Use

Seaboard Air Line Railroad Corridor 

(127-6271)

Adverse Effect/ 

Use

Adverse Effect/ 

Use

Adverse Effect/ 

Use n/a Adverse Effect/ Use

C. & O. & Seaboard Railroad Depot 

(127-0172)

No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use n/a No Adverse Effect/ No Use

Shockoe Valley & Tobacco Row 

Historic District (127-0344)

No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use n/a No Adverse Effect/ No Use

Shockoe Slip Historic District 

(127-0219)

No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use n/a No Adverse Effect/ No Use

James River and Kanawha Canal 

Historic District (127-0171)

No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use n/a No Adverse Effect/ No Use

Atlantic Coast Line Railroad Corridor 

(127-6251)

Adverse Effect/ 

Use

Adverse Effect/ 

Use

Adverse Effect/ 

Use n/a Adverse Effect/ Use

Manchester Warehouse Historic 

District (127-0457)

No Effect/ Use, 

De Minimis

No Effect/ Use, 

De Minimis

No Effect/ Use, 

De Minimis n/a No Effect/ Use, De Minimis

Williams Bridge Company (127-6245) Adverse Effect/ 

Use

Adverse Effect/ 

Use

Adverse Effect/ 

Use n/a Adverse Effect/ Use

Lucky Strike/RJ Reynolds Tobacco 

(127-6179)

No Effect/ 

No Use

No Effect/ 

No Use

No Effect/ 

No Use n/a No Effect/ No Use

Transmontaigne Product Services, Inc. 

(127-6248)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

Davee Gardens Historic District 

(127-6213)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

Dupont Spruance (020-5474)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis
Mr. Marc Holma Page 5

July 2, 2014 DHR File No. 2001-1460

Resource Name

VA1 Section 

106 Effect/ 

Section 4(f) 

Use

VA2 Section 

106 Effect/ 

Section 4(f) Use

VA3 Section 

106 Effect/ 

Section 4(f) Use

VA4 Section 

106 Effect/

Section 4(f) 

Use

Preferred Alternative

Section 106 Effect/ Section 

4(f) Use

Sheffields; Auburn Chase; Bellwood; 

Building 42 - DSCR Officer's Club; 

New Oxford (020-0007)

No Adverse 

Effect/ 

No Use

No Adverse 

Effect/ 

No Use

No Adverse

Effect/ 

No Use

n/a No Adverse Effect/ 

No Use

USDOD Supply Center Historic 

District; Bellwood-Richmond 

Quartermaster Depot Historic District 

(020-5336)

No Adverse 

Effect/ 

No Use

No Adverse 

Effect/ 

No Use

No Adverse 

Effect/ 

No Use

n/a No Adverse Effect/ 

No Use

Richmond & Petersburg Electric 

Railway (020-5351)

Adverse Effect/ 

Use

Adverse Effect/ 

Use

Adverse Effect/ 

Use n/a Adverse Effect/ Use

Proctor’s Creek Battlefield (020-5320)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

House at 3619 Thurston Rd (020-

0013)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use,

De Minimis

Centralia Post Office (020-0552) Adverse Effect/ 

No Use

Adverse Effect/ 

No Use

Adverse Effect/ 

No Use n/a Adverse Effect/ No Use

Ragland House/4626 Centralia Road 

(020-0432)

No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use n/a No Adverse Effect/ No Use

Circle Oaks/4510 Centralia Road 

(020-0140)

Adverse Effect/ 

No Use

Adverse Effect/ 

No Use

Adverse Effect/ 

No Use n/a Adverse Effect/ No Use

Centralia Earthworks (020-0022-

44CF0680)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

Chester Historic District (020-5443) Adverse Effect/ 

Use

Adverse Effect/ 

Use

Adverse Effect/ 

Use n/a Adverse Effect/ Use

Chester #94 Masonic Lodge 

(020-5443-0002)

No Effect/ 

No Use

No Effect/ 

No Use

No Effect/ 

No Use n/a No Effect/ No Use

Pretlow House (020-5443-0008)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis
Mr. Marc Holma Page 6

July 2, 2014 DHR File No. 2001-1460

Resource Name

VA1 Section 

106 Effect/ 

Section 4(f) 

Use

VA2 Section 

106 Effect/ 

Section 4(f) Use

VA3 Section 

106 Effect/ 

Section 4(f) Use

VA4 Section 

106 Effect/

Section 4(f) 

Use

Preferred Alternative

Section 106 Effect/ Section 

4(f) Use

Eichelberger House (020-5443-0010) Adverse Effect/ 

Use

Adverse Effect/ 

Use

Adverse Effect/ 

Use n/a Adverse Effect/ Use

Port Walthall Junction Battlefield 

(020-5317)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

Swift Creek Battlefield (020-5318)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

Ellerslie (106-0001) No Effect/ 

No Use

No Effect/ 

No Use

No Effect/ 

No Use n/a No Effect/ No Use

Appomattox River Bridge (020-

5579/127-6251-0001)

No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use n/a No Adverse Effect/ No Use

Battersea (123-0059)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

North Battersea/Pride’s Field Historic 

District (123-5035)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

Petersburg Battlefield/The 

Breakthrough (123-5026)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

Defense Road (123-5455) Adverse Effect/ 

Use

Adverse Effect/ 

Use

Adverse Effect/ 

Use n/a Adverse Effect/ Use

Dimmock Line/Earthworks (123-

5462/44DW0373)

Adverse Effect/ 

Use

Adverse Effect/ 

Use

Adverse Effect/ 

Use n/a Adverse Effect/ Use

Bridge over Defense Road (123-5013) Adverse Effect/ 

Use

Adverse Effect/ 

Use

Adverse Effect/ 

Use n/a Adverse Effect/ Use

Weldon Railroad Battlefield/ Globe 

Tavern B (123-5022)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis
Mr. Marc Holma Page 7

July 2, 2014 DHR File No. 2001-1460

Resource Name

VA1 Section 

106 Effect/ 

Section 4(f) 

Use

VA2 Section 

106 Effect/ 

Section 4(f) Use

VA3 Section 

106 Effect/ 

Section 4(f) Use

VA4 Section 

106 Effect/

Section 4(f) 

Use

Preferred Alternative

Section 106 Effect/ Section 

4(f) Use

Fort David Earthworks 

(44DW0314/026-5012)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

Peebles Farm Battlefield (026-5007)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

Boydton Plank Road Battlefield (026-

5004)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

Hatcher’s Run Battlefield (026-0132)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

Lewis Farm Battlefield (026-5006)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

Evergreen (026-0023) No Effect/ 

No Use

No Effect/ 

No Use

No Effect/ 

No Use n/a No Effect/ No Use

Dinwiddie Courthouse Battlefield 

(026-5005)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

Courtworth (026-5021) No Effect/ 

No Use

No Effect/ 

No Use

No Effect/ 

No Use n/a No Effect/ No Use

Bowen House (026-5023) No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use n/a No Adverse Effect/ No Use

W. Boisseau's Store, Warehouse, 

Dwelling (026-5026, 5027)

No Effect/ 

No Use

No Effect/ 

No Use

No Effect/ 

No Use n/a No Effect/ No Use

Bank Building (257-5004)

No Adverse 

Effect/ 

No Use

No Adverse 

Effect/ 

No Use

No Adverse 

Effect/ 

No Use

n/a No Adverse Effect/ 

No Use

Old C&P Building (257-5010) No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use n/a No Adverse Effect/ No Use
Mr. Marc Holma Page 8

July 2, 2014 DHR File No. 2001-1460

Resource Name

VA1 Section 

106 Effect/ 

Section 4(f) 

Use

VA2 Section 

106 Effect/ 

Section 4(f) Use

VA3 Section 

106 Effect/ 

Section 4(f) Use

VA4 Section 

106 Effect/

Section 4(f) 

Use

Preferred Alternative

Section 106 Effect/ Section 

4(f) Use

Mayton House (257-5009) No Effect/ 

No Use

No Effect/ 

No Use

No Effect/ 

No Use n/a No Effect/ No Use

Honeymoon Hill Farm/Zehmer Farm

(257-5008)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

Wynnhurst (012-5044) Adverse Effect/ 

Use

No Effect/ 

No Use

Adverse Effect/ 

Use

Outside APE/ 

No Use Outside APE/ No Use

Blick's Store (012-5042) No Effect/ 

No Use

No Adverse 

Effect/ Use, 

De Minimis

No Effect/ 

No Use

No Adverse 

Effect/

No Use

No Adverse Effect/ Use, 

De Minimis

House, 458 Second Ave No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use n/a No Adverse Effect/ No Use

Orgain House No Effect/ No 

Use

No Effect/ No 

Use

No Adverse 

Effect/ No Use

Adverse 

Effect No Adverse Effect/ No Use

Tourist Guest House (012-5052) No Effect/ 

No Use

No Effect/ 

No Use

Adverse Effect/ 

Use

No Effect/

No Use Adverse Effect/ Use

Oak Shades (012-5048) Adverse Effect/ 

Use

No Adverse 

Effect/ Use, 

De Minimis

No Effect/ 

No Use

No Adverse 

Effect/

No Use

No Effect/ 

No Use

Evans House (058-5079)

No Adverse 

Effect/ 

No Use

No Adverse 

Effect/ 

No Use

No Adverse 

Effect/ 

No Use

n/a No Adverse Effect/ 

No Use

Smelley House (058-5028) No Effect/ 

No Use

No Effect/ 

No Use

No Effect/ 

No Use n/a No Effect/ No Use

La Crosse Commercial Historic 

District (250-5001)

Adverse Effect/ 

Use

Adverse Effect/ 

Use

Adverse Effect/ 

Use n/a Adverse Effect/ Use

La Crosse Hotel (250-5001-0003/ 

44MC0888)

No Adverse 

Effect/ Use, 

De Minimis

No Adverse 

Effect/ Use, De 

Minimis

No Adverse 

Effect/ Use, 

De Minimis

n/a No Adverse Effect/ Use, 

De Minimis

Wright Farmstead (058-5090/ 

44MC0707)

Adverse Effect/ 

Use

No Effect/ No 

Use

Adverse Effect/ 

Use n/a No Effect/ No Use
Mr. Marc Holma Page 9

July 2, 2014 DHR File No. 2001-1460

Resource Name

VA1 Section 

106 Effect/ 

Section 4(f) 

Use

VA2 Section 

106 Effect/ 

Section 4(f) Use

VA3 Section 

106 Effect/ 

Section 4(f) Use

VA4 Section 

106 Effect/

Section 4(f) 

Use

Preferred Alternative

Section 106 Effect/ Section 

4(f) Use

Sardis Methodist Church (058-0094) No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use

No Adverse 

Effect/ No Use n/a No Adverse Effect/ No Use

Bracey Historic District (058-5081) No Adverse 

Effect/ No Use

Adverse Effect/ 

Use

No Adverse 

Effect/ No Use n/a No Adverse Effect/ No Use

Bracey Depot (058-5001-0001) No Adverse 

Effect/ No Use

Adverse Effect/ 

Use

No Adverse 

Effect/ No Use n/a No Adverse Effect/ No Use

Bracey Store (058-5001-0002) No Adverse 

Effect/ No Use

No Adverse 

Effect/ Use, De 

Minimis

No Adverse 

Effect/ No Use n/a No Adverse Effect/ No Use

Granite Hall/Fitts House (058-0118) No Effect/ 

No Use

Adverse Effect/ 

Use

No Effect/ 

No Use n/a No Effect/ No Use




K2. Consulting Party Requests 
A3823

August 3, 2004

David B. Foster, PE

Rail Environmental Programs Manager

North Carolina Department of Transportation, Rail Division

C/O Buck Engineering

8000 Regency Parkway, Suite 200

Cary, North Carolina 27511

Dear Mr. Foster:

I would be very happy to participate in the planning process for the proposed Southeast High 

Speed Rail (SEHSR) connection from Raleigh, NC to Petersburg, VA. Please add my name 

to the list of consulting parties for the Section 106 process of the Historic Preservation Act. 

Thank you for your personal invitation to join this important environmental planning study. 

Sincerely,

Bob Kirby

Superintendent

United States Department of the Interior

NATIONAL PARK SERVICE

PETERSBURG NATIONAL BATTLEFIELD

1539 Hickory Hill Road

Petersburg, Virginia 23803-4721

In Reply Refer to:

From: TNTbarbru@aol.com [mailto:TNTbarbru@aol.com] 

Sent: Monday, August 10, 2009 1:35 PM

To: Fix, Christine (DRPT)

Subject: Southeast High Speed Rail Project

Christine:

I spoke with Kerri Barile and she recommended I contact you regarding the opportunity 

to be a consulting party on this project. We obviously have a keen interest in the work 

and the choices presented that may have outcomes affecting Battersea.

Please let me know what else I need to provide you and thanks for the opportunity.

Tempy Barbru

Executive Director

Battersea Foundation

21 Bollingbrook Street

PO Box 111

Petersburg, VA 23804

Cell: 757.207.3774

Office: 804.732.9882

Fax: 804.732.9883
-----Original Message-----

From: Bob_Krick@nps.gov [mailto:Bob_Krick@nps.gov]

Sent: Wednesday, August 12, 2009 3:00 PM

To: Fix, Christine (DRPT)

Subject: SE Highspeed Rail consulting

Ms. Fix:

As a follow-up to our brief meeting on Friday, I'm instructed to confirm

with you in writing that Richmond National Battlefield Park is indeed

interested in being a consulting party in the Section 106 process for

the highspeed rail line, due to the project's proximity to Civil War

battlefields. I am hopeful that this e-mail will suffice; if you

require an actual letter on our letterhead, I can secure a signature from park

superintendent David Ruth and send that along.

Sincerely,

Robt. E. L. Krick

Historian

Richmond Natl. Battlefield Park

The mission of Preservation North Carolina is to protect and promote 

buildings, sites, and landscapes important to the diverse heritage of North Carolina.

August 23, 2010

John Winkle

Program Manager, Office of Railroad Policy and Development

Federal Railroad Administration

1200 New Jersey Avenue SE- Mail Stop 20

Washington, DC 20590

Dear Mr. Winkle,

I am writing to request that Preservation North Carolina (PNC) be admitted as a consulting 

party to the Section 106 Review for the Southeast High Speed Rail project (SEHSR). PNC 

is North Carolina’s only statewide non-profit organization advocating for historic 

preservation and the protection of historic resources. In addition, PNC works directly with 

endangered historic properties and holds historic preservation covenants/easements on 

over 600 properties across the state.

Of the historic resources identified in the Tier II Draft EIS Section 4(f) Evaluation, PNC 

holds historic preservation easements or covenants on several of these sites, specifically 

the Dr. Thomas B. Williams House and Office (Warren Co), Mistletoe Villa (Vance Co), 

the Perry Memorial Library in the Henderson Historic District (Vance Co), and the 

Squires House in the Wake Forest Historic District (Wake Co). As the holder of 

preservation easements/covenants on these properties, it is PNC’s legal responsibility to 

monitor and protect the historic integrity of these sites. 

In addition, PNC has been working extensively on historic preservation issues in the city 

of Raleigh and has concerns about the proposed route alignments through the city. In 

particular, we are concerned about the quality of mitigation measures for the National 

Register listed residential neighborhoods of Five Points (Roanoke Park and GlenwoodBrooklyn), Mordecai and Boylan Heights. In addition, we are very concerned that the 

SEHSR project and subsequent development does not negatively impact the historic 

integrity and economic viability of the many eligible, but as of yet unprotected, structures 

that lie along Capitol Blvd and the Glenwood South corridor. Finally, we have been 

working closely with the Raleigh Historic Districts Commission on the potential 

designation of the Depot National Register Historic District as a local historic overlay 

district and are concerned about the protection of the district’s integrity and mitigation of 

the impacts of increased rail and commercial activity in the area.

Therefore, we hope to be admitted as a consulting party to the Section 106 review for the 

Southeast High Speed Rail project and look forward to working with your organization.

Sincerely,

Elizabeth Sappenfield

Director of Urban Issues

CC: Patrick B. Simmons, NCDOT Rail Division

 Renee Gledhill-Early, NC State Historic Preservation Office

 Blythe Semmer, Advisory Council on Historic Preservation

BOARD OF DIRECTORS

Lucy Webster Archie, Asheville

 Chairman

George Jackson, Elizabeth City

 Vice Chairman and Chairman-Elect 

Agnes T. Harvin, Henderson

 Secretary

Andrew Stewart, Raleigh

 Treasurer

Richard Hunter, Warrenton

 Chm., Bd. of Advisors

Denise R. Barnes, Durham

 Immediate Past Chairman

Summer Steverson Alston, Durham

Eddie Belk, Durham

Cynthia Brodhead, Durham

Elizabeth F. Buford, Raleigh

Jerry Cashion, Raleigh

Walter F. Clark, Lansing

Meg Kluttz Dees, Salisbury

Linda Harris Edmisten, Raleigh

Linda Etheridge, Elizabeth City

Charles P. Gaylor III, Goldsboro 

Jo Ramsay Leimenstoll, Greensboro

Marty Moser, Clayton

Sylvia C. Nash, Tarboro

Ellen Rogers, Charlotte

Peter Sandbeck, Louisburg

Tara Sherbert, Charlotte

Sharon Stone, Wilmington 

Rodney Swink, Raleigh

Tamara B. Titus, Charlotte

J. Myrick Howard, President

OFFICES

Briggs Hardware Building

Headquarters, Raleigh

919-832-3652

Ayr Mount, Hillsborough

919-732-6886

Bellamy Mansion, Wilmington

910-251-3700

Northeast Regional Office, Edenton

252-482-7455

Northwest Regional Office, Winston-Salem

336-788-0765

Piedmont Office, Durham

919-401-8540

Southwest Regional Office, Shelby

704-482-3531
3

From: Craig, Sean [mailto:Sean_Craig@CSX.com] 

Sent: Friday, March 08, 2013 9:45 AM 

To: Hamel, Marc L 

Cc: Bridges, James F; Glenda Gibson; Mike Pekarek; Orthner, Jason T; Sams, Larry H; Young, Suzanne Unger; Williams, 

Shirley R; Young, Craig; Young-Paiva, Diana; Styron, Jeff; Brinker, Keith; Gullakson, Chuck; Knapp, Brandon; Dillard, John 

W 

Subject: RE: Southeast High Speed Rail Historic Input 

Marc

Good morning. We discussed this issue with our NEPA/historic resources environmental consultant.  We have

concluded that CSXT should be a consulting party under Sec. 106 and Keith Brinker of CSXT will arrange to have our

environmental consultant participate in meetings on this matter. Keith is copied on this email. His contact

information is as follows:

Keith Brinker, Mgr Env Remed & Construction CSX Transportation,

Inc

500 Water Street (J275) Jacksonville, FL 32202

904‐359‐2228
K3. List of Reports 
Listing of Archaeological and Architectural Reports Prepared by Dovetail Cultural Resources Group

Dovetail 

Job #

Dovetail 

Job Name Phase

Archeology (AE)/ 

Historic 

Architecture 

(AH)

Report Title Authors 

08-005 SEHSR 

(Moderate 

and Hight 

Prob 

Areas)

Phase 

I

AE Phase I Archaeological Survey: Southeast High 

Speed Rail Corridor, Cities of Richmond, 

Colonial Heights, and Petersburg, and 

Chesterfield County, Virginia

Carmody, Michael, 

Kerry SchamelGonzalez, Marco 

Gonzalez, and Gregg 

Harmon.

C

08-005 SEHSR 

(Intensive 

AH)

Phase 

II

AH Intensive Architectural Investigations along the 

Richmond-To-Petersburg Southeast High Speed 

Rail Corridor, Cities of Richmond, Colonial 

Heights, and Petersburg, and Chesterfield County, 

Virginia

Dollins, Heather, 

Andrew Stempel, and 

Kerri S. Barile

C

09-001 SEHSR 

Roads

Phase 

I

AE Phase I Archaeological Survey of Road 

Construction Areas Associated with the Southeast 

High Speed Rail Project, Cities of Richmond, 

Colonial Heights, and Petersburg, and 

Chesterfield and Dinwiddie Counties, Virginia

Gonzalez, Kerry S., 

Marco Gonzalez, 

Brad Hatch, and 

Michael Carmody

D

C

09-001 SEHSR 

Roads

Phase 

I

AH Phase I Architectural Survey of Road 

Construction Areas Associated with the Southeast 

High Speed Rail Project, Cities of Richmond, 

Colonial Heights, and Petersburg, and 

Chesterfield and 

Dinwiddie Counties, Virginia

Dollins, Heather, 

Kerri Barile, and 

Claire Lanier

D

C

09-001 SEHSR 

Roads

Phase 

II

AH Intensive Architectural Evaluation: Road Areas 

Associated with the Southeast High Speed Rail 

Project, Cities of Richmond, Colonial Heights, 

and Petersburg, and Chesterfield and 

Dinwiddie Counties, Virginia

Barile, Kerri, Heather 

Dollins, Claire 

Lanier, Stefanie 

Casey, and Kerry 

Schamel-Gonzalez

D

C
Listing of Archaeological and Architectural Reports Prepared by Dovetail Cultural Resources Group

Dovetail 

Job #

Dovetail 

Job Name Phase

Archeology (AE)/ 

Historic 

Architecture 

(AH)

Report Title Authors 

09-026 SEHSR 

Phase IIs

Phase 

II

AE Phase II Testing at Sites 44CF0743 and 

44CF0744, Chesterfield County, Virginia

Schamel-Gonzalez, 

Kerry and Sean 

Maroney

C

09-026 SEHSR 

Phase IIs

Phase 

II

AE Phase II Site Evaluation of Site 44CF0755, 

Chesterfield County, Virginia

Schamel-Gonzalez, 

Kerry and Sean 

Maroney

C

09-026 SEHSR 

Phase IIs

Phase 

II

AE Phase II Testing at Sites 44CF0304, 44CF0305, 

and 44CF0705, Town of Chester, Chesterfield 

County, Virginia

Schamel-Gonzalez, 

Kerry and Sean 

Maroney

C

09-026 SEHSR 

Phase IIs

Phase 

II

AE Phase II Testing at Sites 44CF0707, 44CF0708, 

44CF0750 in Chesterfield County, Virginia and 

Site 44CF0710 in Colonial Heights, Virginia

Gonzalez, Kerry S., 

Michael Carmody, 

Sean Maroney, Mike 

Klein, Kerri S. 

Barile, Earl E. 

Proper, and Marco A. 

Gonzalez

C

09-026 SEHSR 

Phase IIs

Phase 

II

AE Phase II Testing at the Williams Bridge Company 

(44CF0724 / 127-6245), City of Richmond, 

Virginia

Schamel-Gonzalez, 

Kerry and Kerri S. 

Barile

09-026 SEHSR 

Phase IIs

Phase 

II

AE Phase II Testing at Sites 44CF0736, 44CF0740, 

and 44CF0742 in Chesterfield County, Virginia

Gonzalez, Kerry S., 

Sean Maroney, 

Emily Calhoun, and 

Kerri Barile

C

09-026 SEHSR 

Phase IIs

Phase 

II

AE Cultural Resource Investigations of the Kress Box 

Factory (44BR0174/012-5075), Brunswick 

County, Virginia

Gonzalez, Kerry, 

Kerri S. Barile, and 

Carthon Davis, III

B

09-026 SEHSR 

Phase IIs

Phase 

II

AE Management Summary of Partial Phase II 

Excavations Conducted at Site 44CF0748, 

Chesterfield County, Virginia

Gonzalez, Kerry S.
Listing of Archaeological and Architectural Reports Prepared by Dovetail Cultural Resources Group

Dovetail 

Job #

Dovetail 

Job Name Phase

Archeology (AE)/ 

Historic 

Architecture 

(AH)

Report Title Authors 

10-009 NC 

WarrenVance

Phase 

I/Phas

e II

AE Archaeological Survey of Road Construction 

Areas Associated with the Southeast High Speed 

Rail Project, Vance and Warren Counties, North 

Carolina.

Calhoun, Emily, 

Kerri Barile, Sean 

Maroney, and Danae 

Peckler

10-010 Pburg to 

NC Phase 

I

Phase 

I

AE Phase I Archaeological Survey of Overlapping 

Raid and Road Alignment Areas Associated with 

the Southeast High Speed Rail Project, Dinwidde, 

Brunswick, and Mecklenburg Counties, Virginia

Calhoun, Emily, 

Kerry Gonzalez, 

Marco Gonzalez, and 

Heather Littlefield

D

B

M

11-019 SEHSR 

AH 

Addendum

Phase 

II

AH Intensive Architectural Survey of the Southeast 

High Speed Rail Corridor, Towns of Alberta, 

Bracey, La Crosse, and McKenney, Virginia

Dollins, Heather and 

Kerri S. Barile

11-019 SEHSR 

AH 

Addendum

Phase 

I

AH Addendum: Phase I Architectural Survey and 

Evaluation for the Southeast High Speed Rail 

Corridor, Chesterfield, Dinwiddie, Brunswick, 

and Mecklenburg Counties, Virginia

Barile, Kerri S., and 

Carthon Davis, III

Ch

D

B

M

11-019 SEHSR 

AH 

Addendum

Phase 

I

AH Letter Report: Tourist House Boundaries (012-

5052)

Barile, Kerri S. B

11-036 SEHSR 

D&G AH

Phase 

I/II

AH Architectural Studies Along Alternative VA4 in 

Sections D & G of the Southeast High Speed Rail 

Corridor, Brunswick County, Virginia

Maroney, Sean, and 

Kerri S. Barile

B

11-036 SEHSR 

Bridges

Phase 

I/II

AH Reconnaissance and Intensive Studies of Bridges 

and Other Structures Along the Southeast High 

Speed Rail Corridor, Richmond, Virginia, to the 

North Carolina State Line

Danae Peckler, 

Caitlin Oshida, 

Carthon Davis, III, 

Aubrey Von Lindern, 

Kathleen Hughes, 

and Kerri S. Barile

Ch

D

B

M
Listing of Archaeological and Architectural Reports Prepared by Dovetail Cultural Resources Group

Dovetail 

Job #

Dovetail 

Job Name Phase

Archeology (AE)/ 

Historic 

Architecture 

(AH)

Report Title Authors 

11-037 SEHSR 

D&G 

Archy & 

Centralia

Phase 

II

AH Intensive Architectural Survey of the Centralia 

Earthworks (020-0022/44CF0680), Chesterfield 

County, Virginia

Barile, Kerri and 

Heather Dollins

C

11-037 SEHSR 

D&G 

Archy & 

Centralia

Phase 

I

AH Phase I Architectural Survey of the Centralia 

Road Realignment Project for the Southeast High 

Speed Raid Corridor, Chesterfield County, 

Virginia

David, Carthon, III, 

Heather Dollins, and 

Kerri S. Barile

C

11-037 SEHSR 

D&G 

Archy & 

Centralia

Phase 

I/Phas

e II

AE Archaeological Survey and Testing Along 

Alternative VA4 in Section D of the Southeast 

High Speed Rail Corridor, Brunswick County, 

Virginia

Barile, Kerri S., 

Marco A. Gonzalez, 

Earl Proper, Mike 

Klein, Caitlin 

Oshida, and Michael 

L. Carmody

B

11-037 SEHSR 

D&G 

Archy & 

Centralia

Phase 

I

AH/AE Addendum: Archaeological Survey and 

Architectural Survey and Evaluation Southeast 

High Speed Rail Corridor City of Petersburg, 

Dinwiddie, Brunswick, and Mecklenburg 

Counties, Virginia

Hatch, Brad and 

Heather Dollins

D

B

M

12-043 SEHSR 

Ridgeway

Phase 

I

AH P-3819: Additional Eligibility for Southeast High 

Speed Rail Corridor, Wake, Vance, and Warren 

Counties WBS# 43487.1.STR1

Kerri S. Barile, 

Danae A. Peckler, 

and Caitlin M. 

Oshida

12-045 SEHSR 

NC Archy

Phase 

I/Phas

e II

AE Archaeological Survey and Testing of Portions of 

the Southeast High Speed Rail Corridor, Warren 

and Vance Counties, North Carolina

Carmody, Michael, 

Joseph R. Blondino, 

Mike Klein, Earl 

Proper, Caitlin 

Oshida, and Danea 

Peckler
Listing of Archaeological and Architectural Reports Prepared by Dovetail Cultural Resources Group

Dovetail 

Job #

Dovetail 

Job Name Phase

Archeology (AE)/ 

Historic 

Architecture 

(AH)

Report Title Authors 

13-018 SEHSR 

Phase IIs

Phase 

I

AE Addendum to Cultural Resource Survey of the 

Southeast High Speed Rail Project, Cities of 

Richmond, Colonial Heights, and Petersburg; and 

Chesterfield, Dinwiddie, Brunswick, and 

Mecklenburg Counties, Virginia

McClosky, Kevin, 

Marco A. Gonzalez, 

and Kerri S. Barile

Ch

D

B

M

13-018 SEHSR 

Phase IIs

Phase 

II

AE Phase II Testing at Sites 44BR0170, 44BR0171, 

44BR0172, and 44BR0175 in Brunswick County, 

Virginia

Carmody, Michael 

L., Mike Klein, 

Joseph R. Blondino, 

and Emily Calhoun

B

13-018 SEHSR 

Phase IIs

Phase 

II

AE Phase II Testing at Sites 44BR0177 and 

44BR0225 in Brunswick County, Virginia

Barile, Kerri S., 

Heidi E. Krofft, Earl 

E. Proper, and Caitlin 

Oshida

B

13-018 SEHSR 

Phase IIs

Phase 

II

AE Phase II Testing at Sites 44MC0884, 44MC0888, 

44MC0917, and 44MC0896 in Mecklenburg 

County, Virginia

Barile, Kerri S., 

Emily Calhoun, 

Heidi E. Krofft, Earl 

E. Proper, and Caitlin 

Oshida

M

13-019 SEHSR 

Phase IIs

Phase 

II

AE Phase II Testing at Site 44BR0066, Brunswick 

County, Virginia.

Klein, Mike and 

Marco Gonzalez

B

13-045 Ridgeway Phase 

I/Phas

e II

AE Addendum: Archaeological Survey and Testing 

of Portions of the Southeast High Speed Rail 

Corridor, Warren and Vance Counties, North 

Carolina: Ridgeway Section

Carmody, Michael, 

and Joseph R. 

Blondino
K4. Draft Section 106 Process 

Programmatic Agreement 
1

PROGRAMMATICAGREEMENT

AMONG

THE FEDERAL RAILROAD ADMINISTRATION,

THE VIRGINIA STATE HISTORIC PRESERVATIONOFFICER,THE NORTH CAROLINA STATE HISTORIC

PRESERVATIONOFFICER, THE VIRGINIA DEPARTMENTOF RAIL AND PUBLIC TRANSPORTATION, THE

NORTH CAROLINA DEPARTMENTOF TRANSPORTATION, RAIL DIVISION,

AND

THE ADVISORY COUNCILON HISTORIC PRESERVATION REGARDING

COMPLIANCE WITH SECTION 106 OF THE NATIONAL HISTORIC PRESERVATIONACT FOR THE

PROPOSED SOUTHEAST HIGH‐SPEED RAIL PROJECT

WHEREAS,	the	Federal	Railroad	Administration	(FRA)	proposes	to	provide	federal	financial	assistance	to	

construct	the	infrastructure	to	support	high‐speed	passenger	rail	service	in	the	travel	corridor	from	

Washington,	District	of	Columbia,	through	Richmond,	Virginia,	including	the	Hampton	Roads,	Virginia	

region,	and	Raleigh,	North	Carolina,	to	Charlotte,	North	Carolina,	collectively	referred	to	as	the	Southeast	

High‐Speed	Rail	(SEHSR)	project	(Project),	with	construction	by	the	North	Carolina	Department	of	

Transportation	(NCDOT),	Rail	Division,	and	the	Virginia	Department	of	Rail	and	Public	Transportation	

(DRPT)	(each,	a	State	Rail	Transportation	Agency	and	together,	the	State	Rail	Transportation	Agencies);	

and	

WHEREAS,the	SEHSR	Project	involves	the	development,	implementation,	and	operation	of	high‐speed	

passenger	rail	service	in	an	approximately	500‐mile	travel	corridor	from	Washington,	D.C.,	to	Charlotte,	

and	includes	both	modifications	to	the	rail	corridor	to	accommodate	high‐speed	rail	and	changes	to	the	

surrounding	road	system	to	eliminate	at‐grade	crossings;	and	

WHEREAS,	the	SEHSR	 Project	involves	construction	of	improvements,	such	as	upgrading	existing	facilities,	

construction	of	new	rail	and	rail	facilities,	rerouting	road	corridors,	creating	overpasses	and	underpasses	

at	existing	crossings,	and	closing	some	crossings	outright,	within	a	long‐established	surface	transportation	

corridor	crossing	multiple	states;	and	

WHEREAS,the	SEHSR	Project	constitutes	an	undertaking	subject	to	Section	106	of	the	National	Historic	

Preservation	Act	of	1966,	as	amended	(NHPA),	54	U.S.C.	§	306108,	and	its	implementing	regulations,	36	

C.F.R.	Part	800;	and	

WHEREAS,	in	light	of	the	length	of	the	SEHSR	Project	corridor,	the	complexity	of	carrying	out	

improvements	to	an	operating	railroad,	and	the	need	to	identify	funding	sources	incrementally,	the	State	

Rail	Transportation	Agencies	intend	to	implement	the	SEHSR	Project	through	a	phased	process	focusing	

on	individual	constructible	elements	of	the	corridor	(each	hereinafter	referred	to	as	a	“portion	of	the	

SEHSR	Project”);	and	

WHEREAS,	each	portion	of	the	SEHSR	Project	also	constitutes	an	undertaking	subject	to	Section	106	of	

the	NHPA	and	its	implementing	regulations;	and	
2

WHEREAS,	FRA	partners	with	the	relevant	State	Rail	Transportation	Agencies	for	each	portion	of	the	

SEHSR	Project	for	the	implementation	of	the	Section	106	process	and	proposes	to	delegate	to	the	NCDOT	

and	DRPT	certain	tasks	pertaining	to	consultation,	identification	of	historic	properties,	evaluation	of	

historic	significance,	assessing	effects	to	historic	properties,	and	resolving	adverse	effects	to	historic	

properties	through	this	Programmatic	Agreement	(PA);	and	

WHEREAS,	FRA	has	elected	to	develop	this	PA	pursuant	to	36	C.F.R.	§	800.14(b)	to	provide	a	consistent	

process	for	considering	the	effects	of	each	portion	of	the	SEHSR	Project	on	historic	properties	and	

resolving	adverse	effects	where	appropriate;	and	

WHEREAS,	the	FRA	and	the	Federal	Highway	Administration	(FHWA),	in	cooperation	with	NCDOT	and	DRPT,	

completed	a	Tier	I	environmental	impact	statement	and	record	of	decision	for	the	SEHSR	Project	corridor	

from	Washington,	D.C.,	to	Charlotte	in	accordance	with	the	National	Environmental	Policy	Act	(NEPA),	

which	established	the	purpose	and	need	for	the	Project	and	determined	the	preferred	corridor	for	

detailed	analysis,	and	intend	to	complete	detailed	Tier	II	environmental	studies	for	individual	portions	of	

the	larger	corridor;	and	

WHEREAS,	the	FRA,	in	cooperation	with	DRPT,	completed	a	Tier	I	environmental	impact	statement	and	

record	of	decision	for	the	SEHSR	Project	corridor	from	Richmond	to	Hampton	Roads,	in	accordance	with	

NEPA,	which	determined	the	preferred	corridor	for	detailed	analysis	in	southeastern	Virginia and	

intends	to	complete	detailed	Tier	II	environmental	studies	for	individual	improvements	within	the	larger	

corridor;	and	

WHEREAS,	the	FRA	and	the	State	Rail	Transportation	Agencies	(and	other	state	departments	of	

transportation	that	may	participate	in	the	future)	will	coordinate	the	Tier	II	NEPA	documents	

individually	with	the	appropriate	state	historic	preservation	offices	(SHPO),	as	appropriate;	and	

WHEREAS,	the	signatories	to	this	PA	anticipate	that	additional	portions	of	the	SEHSR	Project	outside	of	the	

Washington,	D.C.,	to	Charlotte	corridor	will	be	proposed	for	preliminary	engineering	and	approval	of	NEPA	

documentation,	including	the	corridor	between	Charlotte	and	Atlanta,	Georgia,	and	intend	to	provide	a	

process	to	allow	consideration	of	those	additional	portions	under	this	PA;	and	

WHEREAS,	the	signatories	to	this	PA	also	anticipate	that	other	federal	agencies	not	involved	in	the	Tier	I	

environmental	reviews	discussed	above	are	likely	to	have	responsibility	for	permitting,	assisting,	funding,	

or	 approving	portions	 of	 the	 SEHSR	 Project	implemented	in	 the	 Tier	 II	 process	 and	 intend	 to	 provide	 a	

process	 for	 allowing	 those	 other	 federal	agencies	 to	 satisfy	 their	 Section	 106	 responsibilities	 for	 those	

undertakings	through	compliance	with	this	PA;	and	

WHEREAS,	 the	 FRA	 has	 initiated	 consultation	 with	 the	 Virginia	 State	Historic	 Preservation	 Office	 (VA	

SHPO)	 and	 the	 North	 Carolina	 State	 Historic	 Preservation	 Office	 (NC	 SHPO)	 pursuant	 to	 36	 C.F.R.	 §	

800.3(c)	and	will	continue	to	consult	with	the	appropriate	SHPO	under	the	terms	of	this	PA	in	order	to	

identify	historic	properties,	assess	the	effect	of	the	SEHSR	Project	on	identified	historic	properties,	and,	

when	necessary,	resolve	adverse	effects	to	historic	properties;	and	

WHEREAS,	the	FRA	notified	the	Advisory	Council	on	Historic	Preservation	(ACHP)	of	the	SEHSR	Project	

and	the	ACHP	elected	to	formally	participate	in	this	consultation;	and	

WHEREAS,	pursuant	to	36	C.F.R.	§	800.2(c)(5),	NCDOT	and	DRPT	have	recognized	the	following	groups	as	

consulting	parties	to	the	undertaking:		American	Battlefield	Protection	Program,	Battersea,	Inc.,	Brunswick	

County	Historical	Society,	Chesterfield	Historical	Society,	Civil	War	Preservation	Trust,	Historic	Richmond	

Foundation,	National	Park	Service	(NPS)	‐	Petersburg	Division,	NPS	‐	Richmond	Division,	and	Preservation	

North	Carolina;	and	

WHEREAS,	the	FRA,	pursuant	to	36	C.F.R.	§	800.2(c)(5)	had	recognized	the	Virginia	Council	on	Indians	
3

(VCI)	as	a	consulting	party,	but	the	Virginia	General	Assembly	dissolved	the	VCI	by	act	of	legislation	

effective	July	1,	2012,	and	the	FRA	shall	now	consult	directly	with	individual	Virginia	state	recognized	

Indian	tribes	as	appropriate;	and	

WHEREAS,	the	FRA	and	State	Rail	Transportation	Agencies	have	shared	information	about	the	SEHSR	

Project	with	the	public	multiple	times	via	the	NEPA	process,	a	draft	of	this	PA	has	been	included	in	the	Tier	

II	FEIS	for	the	Richmond	to	Raleigh	portion	of	the	SEHSR	project,	and	posted	on	the	SEHSR	Project	website	

and	shared	with	the	SEHSR	Project’s	email	contact	list;	and	

NOW, THEREFORE,	the	FRA,	DRPT,	NCDOT,	VA	SHPO,	NC	SHPO,	and	the	ACHP	(hereafter	“Signatories”)	

agree	that	the	SEHSR	Project	shall	be	implemented	in	accordance	with	the	following	stipulations	to	

ensure	that	potential	effects	on	historic	properties	are	taken	into	account.

STIPULATIONS

The	FRA,	in	coordination	with	the	relevant	State	Rail	Transportation	Agencies,	shall	ensure	that	the	

following	measures	are	carried	out:	

I.				 PRINCIPLES

A.				The	relevant	State	Rail	Transportation	Agencies,	in	coordination	with	the	FRA,	commit	to	plan,	

design,	and	implement	the	SEHSR	Project	in	accordance	with	the	best	practices	and	measures	available	

at	the	time	to	avoid	or	minimize	effects	to	historic	properties	within	the	Area	of	Potential	Effects	

(APE),	including	buildings,	structures,	sites,	objects	and	districts.	

B.				The	relevant	State	Rail	Transportation	Agencies,	in	coordination	with	the	FRA,	shall,	to	the	

maximum	extent	possible,	undertake	such	planning	and	actions	as	may	be	necessary	to	avoid	or	

minimize	harm	to	any	National	Historic	Landmark	(NHL)	that	may	be	directly	and	adversely	affected	by	

the	SEHSR	Project.	

C.			The	relevant	State	Rail	Transportation	Agencies,	in	coordination	with	the	FRA,	shall	seek,	discuss,	

and	consider	the	views	of	the	other	Signatories	and	the	other	consulting	parties	for	each	portion	of	the	

SEHSR	Project	concerning	design	and	construction	options.	

D.				The	relevant	State	Rail	Transportation	Agencies,	in	coordination	with	the	FRA,	shall	identify	and	

take	into	account	all	direct,	indirect,	and	cumulative	effects	on	historic	properties	relating	to	the	SEHSR	

Project.	

E.				FRA	shall	allow	adequate	time	to	consult	with	Tribal	Historic	Preservation	Officers	and	Indian	

tribes	that	have	identified	areas	within	the	APE	as	being	of	religious	and	cultural	significance	to	them.	

F.					The	relevant	State	Rail	Transportation	Agencies,	in	coordination	with	the	FRA,	commit	to	work	

with	the	Signatories	and	other	consulting	parties	to	consider	and	develop,	where	reasonable,	feasible,	

and	cost	effective,	corridor‐wide,	landscape‐oriented,	or	other	such	broader	mitigation	measures	to	

resolve	individual	and	cumulative	adverse	effects	on	historic	properties	in	those	areas,	including	the	

historic	rail	corridor.	

II.			PROFESSIONALQUALIFICATIONS AND STANDARDS

A.				All	cultural	resource	work	carried	out	pursuant	to	this	PA	shall	be	conducted	by	or	under	the	

direct	supervision	of	an	individual	or	individuals	who	meet,	at	a	minimum,	the	Secretary	of	the	

Interior’s	Professional	Qualifications	Standards	for	Preservation	Professionals	(48	Fed.	Reg.	44738–

44739	(September	29,	1983)).	
4

B.				In	preparing	all	archaeological	studies	resulting	from	this	PA,	the	preparer	shall	take	into	account	

the	ACHP’s	publications,	Section 106 Archaeology Guidance (2009) and Recommended Approach for

Consultation on Recovery of Significant Information from Archeological Sites	(1999)	as	well	as	state‐

specific	archaeological	guidelines	on	best	practice	and	procedure,	as	applicable.	

C.				In	preparing	all	architectural	studies	resulting	from	this	PA,	the	preparer	shall	take	into	account	

guidelines	on	specific	architectural	projects	issued	by	the	U.S.	Department	of	the	Interior/National	

Park	Service	(such	as	the	Bulletin	entitled	How To Complete the National Register Registration Form)

and	state‐specific	guidelines	on	best	practices	and	procedures,	as	applicable.	

III.		IDENTIFICATIONOF CONSULTING PARTIES FOR EACH PORTION OF THE PROJECT

The	relevant	State	Rail	Transportation	Agency,	in	coordination	with	the	FRA	and	in	consultation	with	

the	appropriate	SHPO,	shall	identify	potential	consulting	parties	for	each	portion	of	the	SEHSR	Project	

and	invite	those	parties	to	consult	on	that	portion.		Consulting	parties	may	include,	but	are	not	limited	

to,	Indian	tribes,	county	and	municipality	governments	within	the	APE,	established	state‐wide,	

regional,	county	and	municipality	historical	organizations,	and	resource	owners.	

IV.		DOCUMENTATION

A.		The	relevant	State	Rail	Transportation	Agency,	in	coordination	with	the	FRA,	shall	ensure	that	all	

documentation	developed	in	accordance	with	this	PA	meets	the	appropriate	state	documentation	

standards.	

B.			Any	technical	reports	prepared	pursuant	to	this	PA	shall	be	consistent	with	the	federal	standards	

entitled	Archeology and Historic Preservation: Secretary of the Interior’s Standards and Guidelines	(48	

Fed.	Reg.	44716–44742	(September	29,	1983)),	the	Guidelines for Preparing Identification and

Evaluation Reports for Submission Pursuant to Sections 106 and 110, National Historic Preservation Act,	

and	state‐level	guidelines	for	the	completion	of	cultural	resource	reports,	as	applicable.	

V.			IDENTIFICATIONOF PROJECT SPECIFIC APE FOR PORTIONS OF THE SEHSR PROJECT

The	State	Rail	Transportation	Agencies,	in	coordination	with	the	FRA,	and	in	consultation	with	the	

appropriate	SHPOs,	have	determined	the	initial	APE	for	each	portion	of	the	SEHSR	Project	shall	be,	at	

a	minimum,	the	project	Limits	of	Disturbance	(the	footprint	within	which	modifications	may	occur,	

including	those	considered	temporary)	for	subsurface	deposits	and	areas	where	alterations	to	a	

resource’s	setting	and	feeling	could	occur	for	above‐ground	historic	properties.	

VI.		IDENTIFYING AND EVALUATING HISTORIC PROPERTIES

The	relevant	State	Rail	Transportation	Agency,	in	coordination	with	the	FRA,	and	in	consultation	with	the	

appropriate	SHPO	and	other	consulting	parties,	shall	identify	historic	properties	within	the	APE	of	each	

portion	of	the	SEHSR	Project	in	accordance	with	36	C.F.R.	§	800.4.	This	includes	consideration	of	all	

architectural	properties	over	50	years	in	age	within	the	project	corridor	and	evaluation	of	resources	

to	determine	NRHP	eligibility.		Identification	of	historic	properties	within	the	APE	of	each	portion	of	

the	SEHSR	Project	shall	be	considered	valid	for	a	period	of	X5	years,	after	such	time	the	identification	

must	be	reevaluated	before	that	portion	may	move	forward	to	right‐of‐way	acquisition	and	final	design.

VII. ASSESSING EFFECTS TO HISTORIC PROPERTIES

The	relevant	State	Rail	Transportation	Agency,	in	coordination	with	the	FRA	and	the	appropriate	SHPO,	

shall	make	every	 reasonable	effort	 to	 avoid	or	minimize	adverse	effects	 to	 historic	 properties	when	

Commented [SY1]: I added this sentence per the latest email

exchange.  Please review and comment.

Commented [U2]: FRA proposed five years.
5

developing	each	portion	of	the	SEHSR	Project.		

As	each	individual	portion	of	the	SEHSR	Project	is	identified,	the	State	Rail	Transportation	Agencies,	in	

coordination	with	the	FRA,	shall	utilize	survey	results	to	review	the	construction	proposal,	identify	

historic	properties,	evaluate	historic	properties,	and	make	a	finding	of	“No	Historic	Properties	

Affected”	and	“No	Adverse	Effect,”	where	appropriate.	

A.			The	State	Rail	Transportation	Agency	shall	provide	a	description	of	historic	properties	and	an	

effect	finding	to	the	appropriate	SHPO	and	any	other	identified	consulting	parties	for	a	thirty	(30)	

day	review.	 Upon	SHPO	concurrence	with	the	identification	of	historic	properties	and	either	a	“No	

Historic	Properties	Affected”	or	“No	Adverse	Effect”	finding,	no	further	consultation	for	that	portion	

of	the	SEHSR	Project	is	required	and	that	portion	may	move	forward	to	construction.	

B.			Where	the	State	Rail	Transportation	Agency	proposes	a	finding	of	“No	Adverse	Effect”	with	

conditions,	it	shall	include	in	its	submittal	to	the	appropriate	SHPO	those	conditions	that	would	

avoid	adverse	effects	to	historic	properties.	The	SHPO	and	other	consulting	parties	shall	have	thirty	

(30)	days	to	review	the	finding	and	proposed	conditions.	Upon	SHPO	and	other	consulting	parties’	

concurrence	with	this	finding	and	the	proposed	conditions,	no	further	consultation	for	that	portion	

of	the	SEHSR	Project	is	required	and	that	portion	may	move	forward	to	right‐of‐way	acquisition	and	

final	design	with	the	proposed	conditions	in	place.	

C.			Where	the	State	Rail	Transportation	Agency	cannot	avoid	adverse	effects	to	historic	properties	

and	proposes	a	finding	of	“Adverse	Effect”	for	a	particular	portion	of	the	SEHSR	Project,	it	shall	

continue	consultation	with	the	appropriate	SHPO	and	other	consulting	parties	as	set	forth	in	

Stipulation	VIII	below.	

VIII. RESOLVING ADVERSE EFFECTS TO HISTORIC PROPERTIES

When	the	State	Rail	Transportation	Agency	proposes	a	finding	of	adverse	effects	to	historic	properties,	

it	shall	notify	FRA.	FRA	shall	initiate	consultation	with	the	appropriate	SHPO	and	other	consulting	

parties,	interested	federal	and	state	recognized	Indian	tribes,	ACHP,	FRA	and	the	State	Rail	

Transportation	Agency	shall	develop	a	Memorandum	of	Agreement	to	identify	measures	to	avoid,	

minimize,	and	mitigate	the	adverse	effects	prior	to	beginning	any	work	on	that	portion	of	the	SEHSR	

Project.		The	State	Rail	Transportation	Agency	shall	submit	a	draft	of	each	MOA	to	the	appropriate	

SHPO	for	review	and	comment.	NCDOT	and	DRPT	shall	ensure	that	all	comments	received	within	

thirty	(30)	days	of	SHPO’s	receipt	of	the	draft	MOA	are	addressed	in	the	final	MOA.	One	(1)	copy	of	

each	final	MOA	shall	be	provided	to	the	appropriate	SHPO	and	other	consulting	parties	and	one	(1)	

copy	shall	be	provided	to	any	consulting	party	or	other	group	who	may	have	a	vested	interest	in	a	

particular	property.	

IX.		USE OF THIS PA BY OTHER FEDERAL AGENCIES AND FOR OTHER PROJECTS RELATED TO

THE SEHSR

A.			In	the	event	that	a	federal	agency	other	than	FRA	is	considering	funding,	permits,	licenses	or	

approvals	for	the	SEHSR	Project	beyond	those	that	were	originally	the	basis	of	this	agreement,	and	the	

undertaking	remains	unchanged,	such	funding	or	approving	federal	agency	may	become	a	signatory	to	

this	PA	at	its	discretion	to	comply	with	its	Section	106	responsibilities	for	the	undertaking.		To	become	

a	signatory	to	this	PA	the	agency	official	must	provide	written	notice	to	the	Signatories	that	his/her	

agency	agrees	to	the	terms	of	this	PA,	specifying	the	extent	of	the	agency’s	intent	to	participate	in	this	

PA,	and	whether	the	agency	intends	to	designate	the	FRA	as	the	lead	Federal	agency	for	the	

undertaking.		 Any	other	modifications	to	the	PA	will	be	considered	in	accordance	with	Stipulation	XIII.			

B.			In	the	event	that	FRA	proposes	additional	SEHSR	projects	that	were	not	originally	considered	in	

the	SEHSR	Tier	I	NEPA	documentation,	such	as	improvements	to	adjacent	rail	networks	that	would	
6

benefit	mobility	within	the	larger	corridor,	it	may	follow	the	terms	of	this	PA	to	fulfill	its	Section	106	

responsibilities	for	those	additional	projects	provided	that	it	first	notifies	the	appropriate	SHPO	and	

ACHP,	and	consults	with	any	interested	federal	and	state	recognized	Indian	tribe(s),	local	

government(s),	and	identified	consulting	parties	on	the	potential	use	of	this	PA	for	the	additional	

project(s).	

X.		POST REVIEW DISCOVERIES

A.			Human	Remains.	 In	the	case	of	an	unanticipated	discovery	of	human	remains	or	burials	during	

construction	activities,	the	State	Rail	Transportation	Agency	shall	halt	construction	in	the	immediate	

area	of	the	discovery,	secure	the	area,	and	follow	the	provisions	of	the	relevant	state	burial	law(s).	

B.			Historic	Properties. In	the	event	of	an	unanticipated	discovery	of	historic	properties	during	

construction	activities	in	the	immediate	area	of	the	discovery,	the	State	Rail	Transportation	Agency	shall	

halt	construction,	secure	the	area,	and	consult	with	the	FRA,	appropriate	SHPO,	ACHP,	and	other	

consulting	parties	in	accordance	with	36	C.F.R.	§	800.13(b).	

XI. DISPUTE RESOLUTION

A.			Objection	by	Signatory	

1.			Should	any	Signatory	to	this	PA	object	in	writing	to	the	FRA	to	any	determinations	made	

pursuant	to	this	PA, including	the	identification	of	historic	properties,	a	proposed	effect	finding,	or	

conditions	to	avoid	adverse	effects	to	historic	properties,	or	the	manner	in	which	the	terms	of	this	

PA	are	implemented,	the	FRA	shall	first	consult	with	the	objecting	party	to	resolve	the	

objection.		If	the	FRA	determines	that	the	objection	cannot	be	resolved	through	such	consultation	

after	a	period	of	XYZ	months,	the	FRA	shall	then	consult	with	all	Signatories	to	resolve	the	

objection.		If	the	FRA	then	determines	that	the	objection	cannot	be	resolved	through	consultation	

after	a	period	of	XX	days,	the	FRA	shall	forward	all	documentation	relevant	to	the	objection	to	the	

ACHP,	including	the	FRA’s	proposed	response	to	the	objection.		

2.			Within	thirty	(30)	calendar	days	after	receipt	of	all	pertinent	documentation,	the	ACHP	shall	

exercise	one	of	the	following	options:	

a.			Advise	the	FRA	that	the	ACHP	concurs	with	the	FRA’s	proposed	response	to	the	

objection,	whereupon	the	FRA	will	respond	to	the	objection	accordingly;	or	

b.			Provide	the	FRA	with	recommendations,	which	the	FRA	shall	take	into	account	in	

reaching	a	final	decision	regarding	its	response	to	the	objection;	or	

c.			Notify	the	FRA	that	the	objection	will	be	referred	for	comment	pursuant	to	36	C.F.R.	§	

800.7(a)(4),	and	proceed	to	refer	the	objection	and	comment.		The	FRA	shall	take	the	

resulting	comment	into	account	in	accordance	with	36	C.F.R.	§	800.7(c)(4).	

Should	the	ACHP	not	exercise	one	of	the	above	options	within	thirty	(30)	calendar	days	after	

receipt	of	all	pertinent	documentation,	the	FRA	may	move	forward	with	its	proposed	response	to	

the	objection.	

3.			The	FRA	shall	take	into	account	any	ACHP	recommendation	or	comment	provided	in	

accordance	with	this	stipulation	with	reference	only	to	the	subject	of	the	objection;	the	FRA’s	

responsibility	to	carry	out	all	actions	under	this	Agreement	that	are	not	the	subjects	of	the	

objection	shall	remain	unchanged.	

Commented [SY3]: ACHP to review

Commented [kwj4]: Note that the placeholders for review

periods here suggest that FRA would consult with just the objecting

party for a period of months to resolve the objection, then, if

unsuccessful, FRA would consult with all signatories for a period of

days before referring to ACHP.  Suggest that consultation with all

signatories may take longer than just the objecting party.  I

understand that ACHP is reviewing.  Will ACHP also propose

durations for consultation?
7

B.		Objection	by	a	Consulting	Party	or	Member	of	the	Public	

Should	any	consulting	party	or	member	of	the	public	raise	a	timely	and	substantive	objection	

pertaining	to	the	manner	in	which	the	terms	of	this	PA	are	carried	out,	at	any	time	during	its	

implementation,	the	FRA	shall	take	the	objection	into	account	by	consulting	with	the	objector	to	

resolve	the	objection.	When	the	FRA	responds	to	an	objection,	it	shall	notify	the	Signatories	and	

consulting	parties	of	the	objection	and	the	manner	in	which	it	was	resolved.	The	FRA	may	request	

the	assistance	of	a	Signatory	or	a	consulting	party	to	resolve	the	objection.	

XII. AMENDMENTS

This	PA	may	be	amended	when	such	an	amendment	is	agreed	to	in	writing	by	all	the	Signatories.	

The	amendment	will	be	effective	on	the	date	a	copy	signed	by	all	of	the	Signatories	is	filed	with	the	

ACHP.	

XIII. TERMINATION

If	any	Signatory	to	this	PA	determines	that	its	terms	will	not	or	cannot	be	carried	out,	that	party	shall	

immediately	consult	with	the	other	Signatories	to	attempt	to	develop	an	amendment.	 If	within	thirty	

(30)	days	(or	other	time	period	as	agreed	to	by	the	Signatories)	an	amendment	cannot	be	reached,	any	

Signatory	may	terminate	the	PA	upon	written	notification	to	the	other	Signatories.	 Once	the	PA	is	

terminated	and	prior	to	work	continuing	on	the	SEHSR	Project,	the	FRA	must	follow	36	C.F.R.	Part	800	

for	each	individual	undertaking,	or	execute	a	new	PA	pursuant	to	36	C.F.R.	§	800.14(b).	The	FRA	shall	

notify	the	Signatories	as	to	the	course	of	action	it	will	pursue.	

Execution	of	this	PA	by	the	Signatories	and	the	implementation	of	its	terms	is	evidence	that	FRA	has	

taken	into	account	the	effects	of	the	SEHSR	Project	on	historic	properties	and	has	afforded	the	ACHP	an	

opportunity	to	comment.	

XIV.					BI‐ANNUAL REPORTING AND MONITORING

On	the	first	day	of	June	2016	and	in	every	other	year	in	which	this	PA	remains	in	force,	the	relevant	

State	Rail	Transportation	Agency	(or	Agencies)	shall	prepare	a	report	reviewing	the	

implementation	and	achieved	outcomes	of	the	terms	of	this	PA	and	to	determine	whether	

amendments	are	needed.		The	report	will	be	submitted	to	FRA	for	30	day	review	and	comment.		

FRA	will	provide	comments	to	the	relevant	State	Rail	Transportation	Agency	to	revise	in	

accordance	with	FRA	comments.		Within	30	days,	the	relevant	State	Rail	Transportation	Agency	will	

resubmit	the	report	to	FRA,	who	will	distribute	it	to	the	Signatories	(and	concurring	parties?).FRA	

shall	prepare	and	provide	a	report	to	the	Signatories	to	review	the	implementation	and	achieved	

outcomes	of	the	terms	of	this	PA	and	to	determine	whether	amendments	are	needed.

XV.			DURATION

This	PA	shall	be	effective	the	date	of	execution	by	the	last	Signatory.		The	effective	date	of	this	PA	shall	

not	change	should	another	agency	become	a	signatory	to	this	PA	pursuant	to	Stipulation	IX.	The	

Signatories	agree	that	this	Agreement	shall	expire	fifteen	(15)	years	after	the	date	of	the	last	Signatory	

signature.		The	Signatories	to	this	PA	or	their	successors	shall	consult	six	(6)	months	prior	to	the	

expiration	of	this	PA	on	the	need	to	renew	or	amend	this	PA.			

	 	

Commented [SY5]: ACHP to review; need clarification of the

role of consulting parties in the dispute resolution process

Commented [U6]: FRA is fine with including concurring parties.

Commented [SY7]: Based on recent email thread.  Please

review and comment.

Commented [SY8]: ACHP to review length of duration from 10

to 15 years
8

FEDERAL	RAILROAD	ADMINISTRATION	

By: 	 	Date: 	 	

Title:__________________________________________	

VIRGINIA	STATE	HISTORIC	PRESERVATION	OFFICER	

By: 	 	Date: 	 	

Julie	V.	Langan	

Title:__Director,		Department	of	Historic	Resources___	

NORTH	CAROLINA	STATE	HISTORIC	PRESERVATION	OFFICER	

By: 	 	Date: 	 	

Title:___________________________________________	

ADVISORY	COUNCIL	ON	HISTORIC	PRESERVATION	

By:		 		Date:																																																						

Title:__________________________________________	

INVITED SIGNATORIES

VIRGINIA	DEPARTMENT	OF	RAIL	AND	PUBLIC	TRANSPORTATION	

By: 	 	Date: 	 	

Title:__________________________________________	

NORTH	CAROLINA	DEPARTMENT	OF	TRANSPORTATION,	RAIL	DIVISION	

By: 										 	Date: 	 	

Title:__________________________________________	

CONCURRING PARTIES

(NAME	OF	ENTITY)	

By: 			 	Date: 	 	

Title:__________________________________________	

Commented [SY9]: ACHP to verify if it is OK to delete this bold

text and just have DRPT and NCDOT as signatories.

Regardless of whether we delete this language, the two state rail

agencies need to be identified as invited signatories in a WHEREAS

clause.
9

(NAME	OF	ENTITY)	

By: 			 	Date: 	 	

Title:__________________________________________